ORS 227.186
Notice to property owners of hearing on certain zone change

  • form of notice
  • exceptions
  • reimbursement of cost

(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 zoning adopted by a city shall be by ordinance.

(3)

Except as provided in subsection (6) of this section, at least 20 days but not more than 40 days before the date of the first hearing on an ordinance that proposes to amend an existing comprehensive plan or any element thereof, or to adopt a new comprehensive plan, a city shall cause a written individual notice of a land use change to be mailed to each owner whose property would have to be rezoned in order to comply with the amended or new comprehensive plan if the ordinance becomes effective.

(4)

At least 20 days but not more than 40 days before the date of the first hearing on an ordinance that proposes to rezone property, a city shall cause a written individual notice of a land use change to be mailed to the owner of each lot or parcel of property that the ordinance proposes to rezone.

(5)

An additional individual notice of land use change required by subsection (3) or (4) of this section shall be approved by the city and shall describe in detail how the proposed ordinance would affect the use of the property. The notice shall:

(a)

Contain substantially the following language in boldfaced type across the top of the face page extending from the left margin to the right margin:

This is to notify you that (city) has proposed a land use regulation that may affect the permissible uses of your property and other properties.

(b)

Contain substantially the following language in the body of the notice:

On (date of public hearing), (city) will hold a public hearing regarding the adoption of Ordinance Number _____. The (city) has determined that adoption of this ordinance may affect the permissible uses of your property, and other properties in the affected zone, and may change the value of your property.
Ordinance Number _____ is available for inspection at the ______ City Hall located at ________. A copy of Ordinance Number _____ also is available for purchase at a cost of _____.
For additional information concerning Ordinance Number _____, you may call the (city) Planning Department at ________.

(6)

At least 30 days prior to the adoption or amendment of a comprehensive plan or land use regulation by a city pursuant to a requirement of periodic review of the comprehensive plan under ORS 197.628 (Periodic review), 197.633 (Two phases of periodic review) and 197.636 (Procedures and actions for failure to meet periodic review deadlines), the city shall cause a written individual notice of the land use change to be mailed to the owner of each lot or parcel that will be rezoned as a result of the adoption or enactment. The notice shall describe in detail how the ordinance or plan amendment may affect the use of the property. The notice also shall:

(a)

Contain substantially the following language in boldfaced type across the top of the face page extending from the left margin to the right margin:

This is to notify you that (city) has proposed a land use regulation that may affect the permissible uses of your property and other properties.

(b)

Contain substantially the following language in the body of the notice:

As a result of an order of the Land Conservation and Development Commission, (city) has proposed Ordinance Number _____. (City) has determined that the adoption of this ordinance may affect the permissible uses of your property, and other properties in the affected zone, and may change the value of your property.
Ordinance Number _____ will become effective on (date).
Ordinance Number _____ is available for inspection at the _____ City Hall located at _____. A copy of Ordinance Number _____ also is available for purchase at a cost of _____.
For additional information concerning Ordinance Number _____, you may call the (city) Planning Department at ________.

(7)

Notice provided under this section may be included with the tax statement required under ORS 311.250 (Tax statements).

(8)

Notwithstanding subsection (7) of this section, a city may provide notice of a hearing at any time provided notice is mailed by first class mail or bulk mail to all persons for whom notice is required under subsections (3) and (4) of this section.

(9)

For purposes of this section, property is rezoned when the city:

(a)

Changes the base zoning classification of the property; or

(b)

Adopts or amends an ordinance in a manner that limits or prohibits land uses previously allowed in the affected zone.

(10)

The provisions of this section do not apply to legislative acts of the governing body of the city resulting from action of the Legislative Assembly or the Land Conservation and Development Commission for which notice is provided under ORS 197.047 (Notice to local governments and property owners of changes to commission rules or certain statutes) or resulting from an order of a court of competent jurisdiction.

(11)

The governing body of the city is not required to provide more than one notice under this section to a person who owns more than one lot or parcel affected by a change to the local comprehensive plan or land use regulation.

(12)

The Department of Land Conservation and Development shall reimburse a city for all usual and reasonable costs incurred to provide notice required under subsection (6) of this section. [1999 c.1 §3; 1999 c.348 §11; 2003 c.668 §3]
Note: Sections 1 and 2, chapter 660, Oregon Laws 2019, provide:
Sec. 1. Mixed-use housing. (1) A city with a population greater than 75,000 that is not within a metropolitan service district or within a transportation district may, in consultation with the Department of Transportation, adopt changes to its comprehensive plan and land use regulations to allow for high density or horizontal or vertical mixed-use housing within areas zoned under a statewide land use planning goal related to economic development for a mix of commercial, service, retail and other employment uses. Changes to a comprehensive plan and land use regulations authorized under this subsection are in addition to any other laws or administrative rules authorizing changes to a comprehensive plan or land use regulations.

(2)

A city’s adoption of changes to its comprehensive plan and land use regulations under subsection (1) of this section:

(a)

May not change the allowable use on more than 40 acres;

(b)

May not affect lands zoned for industrial uses; and

(c)

Must ensure an adequate supply of employment lands within the city’s urban growth boundary.

(3)

A city must submit the changes to its comprehensive plan and land use regulations adopted under subsection (1) of this section and to the Land Conservation and Development Commission for review. The submission must include information that identifies alternative means by which the adopted changes to the city’s comprehensive plan and land use regulations comply with statewide land use planning goals related to housing, transportation, economic development and public facilities and services.

(4)

Following the procedures set forth in ORS 197.659 (Commission approval of certain changes in comprehensive plans or land use regulations), the commission may approve changes to a comprehensive plan and land use regulations adopted by a city under subsection (1) of this section that do not fully comply with statewide land use planning goals related to housing, transportation, economic development and public facilities and services, without requiring an exception under ORS 197.732 (Goal exceptions) for those goals, if the commission determines that the changes and regulations:

(a)

Conform, on the whole, with the purposes of those goals, and that any failure to meet individual goal requirements is technical or minor in nature;

(b)

Are needed to achieve local housing and redevelopment and infill goals specified by the city;

(c)

Are reasonably likely to achieve the city’s housing and redevelopment and infill goals; and

(d)

Comply with the requirements of this section.

(5)

The commission has exclusive jurisdiction for review of changes to a comprehensive plan and land use regulations adopted by a city under subsection (1) of this section to implement the alternate means of compliance with the statewide land use planning goals related to housing, transportation, economic development and public facilities and services. [2019 c.660 §1]
Sec. 2. Section 1 of this 2019 Act is repealed on January 2, 2024. [2019 c.660 §2]

Source: Section 227.186 — Notice to property owners of hearing on certain zone change; form of notice; exceptions; reimbursement of cost, https://www.­oregonlegislature.­gov/bills_laws/ors/ors227.­html.

227.010
Definition for ORS 227.030 to 227.300
227.020
Authority to create planning commission
227.030
Membership
227.090
Powers and duties of commission
227.095
Definitions for ORS 227.100 and 227.110
227.100
Submission of plats for subdivisions and plans for street alterations and public buildings to commission
227.110
City approval prior to recording of subdivision plats and plats or deeds dedicating land to public use within six miles of city
227.120
Procedure and approval for renaming streets
227.160
Definitions for ORS 227.160 to 227.186
227.165
Planning and zoning hearings officers
227.170
Hearing procedure
227.172
Siting casino in incorporated city
227.173
Basis for decision on permit application or expedited land division
227.175
Application for permit or zone change
227.178
Final action on certain applications required within 120 days
227.179
Petition for writ of mandamus authorized when city fails to take final action on land use application within 120 days
227.180
Review of action on permit application
227.181
Final action required within 120 days following remand of land use decision
227.182
Petition for writ of mandamus authorized when city fails to take final action within 120 days of remand of land use decision
227.184
Supplemental application for remaining permitted uses following denial of initial application
227.185
Transmission tower
227.186
Notice to property owners of hearing on certain zone change
227.187
Public sale of copies of city comprehensive plan and land use regulations
227.188
Amendments to city comprehensive plan map
227.190
Solar access ordinances
227.195
Effect of land use regulations and comprehensive plans
227.215
Regulation of development
227.280
Enforcement of development legislation
227.283
Regulations applicable to resumption of nonconforming uses
227.286
Regulations applicable to public property
227.290
Building setback lines established by city council
227.300
Use of eminent domain power to establish setback lines
227.320
City program for demolition of residences or residential buildings
227.350
Notice of proposed wetlands development
227.400
Truck routes
227.450
Recycling containers
227.455
Clustered mailboxes in city streets and rights-of-way
227.500
Use of real property for religious activity
227.505
Solar energy systems on residential and commercial structures
227.600
Land use approval preapplication review
Green check means up to date. Up to date