ORS 227.215¹
Regulation of development

(1) As used in this section, “development” means a building or mining operation, making a material change in the use or appearance of a structure or land, dividing land into two or more parcels, including partitions and subdivisions as provided in ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.285 (Retroactive ordinances prohibited), and creating or terminating a right of access.

(2) A city may plan and otherwise encourage and regulate the development of land. A city may adopt an ordinance requiring that whatever land development is undertaken in the city comply with the requirements of the ordinance and be undertaken only in compliance with the terms of a development permit.

(3) A development ordinance may provide for:

(a) Development for which a permit is granted as of right on compliance with the terms of the ordinance;

(b) Development for which a permit is granted discretionarily in accordance and consistent with the requirements of ORS 227.173 (Basis for decision on permit application or expedited land division);

(c) Development which need not be under a development permit but shall comply with the ordinance; and

(d) Development which is exempt from the ordinance.

(4) The ordinance may divide the city into districts and apply to all or part of the city. [1975 c.767 §11 (enacted in lieu of 227.220 to 227.270); 1977 c.654 §3]

See also annota­tions under ORS 227.220, 227.230 and 227.240 in permanent edi­tion.

Notes of Decisions

Under Former Similar Statutes (Ors 227.220, 227.230)

Once a planned unit develop­ment is approved, the developer is bound by it unless changes are approved pursuant to the applicable ordinance. Frankland v. City of Lake Oswego, 267 Or 452, 517 P2d 1042 (1973)

A properly enacted comprehensive plan, although denominated a “resolu­tion,” controls zoning decisions in a city. Baker v. City of Milwaukie, 271 Or 500, 533 P2d 772 (1975)

A comprehensive plan is the controlling land use planning instru­ment for a city; upon its passage, the city assumes responsibility to effectuate the plan and conform zoning ordinances, including prior existing zoning ordinances, to it. Baker v. City of Milwaukie, 271 Or 500, 533 P2d 772 (1975)

In determining whether a municipal ac­tion is an ordinance rather than a resolu­tion, it is necessary to look beyond the title to determine whether it is legislative and permanent rather than administrative and temporary. Baker v. City of Milwaukie, 271 Or 500, 533 P2d 772 (1975)

The party seeking a zoning change did not show that the proposed change was re­quired by public need. So. Cen. Assn. of Neighbors v. Lindsey, 21 Or App 578, 535 P2d 1381 (1975)

The city council was authorized to adopt a change in its comprehensive plan. Tierney v. Duris, PayLess Prop. Corp., 21 Or App 613, 536 P2d 435 (1975)

The city council could adopt supple­mental findings of facts supporting its earlier plan-change decision. Tierney v. Duris, PayLess Prop. Corp., 21 Or App 613, 536 P2d 435 (1975)

The power to regulate, restrict and segregate different classes of businesses in a city by ordinance is reserved to the city council. Link v. City of Coos Bay, 23 Or App 648, 543 P2d 1082 (1975)

Atty. Gen. Opinions

In General

City granting condi­tional zone change, (1979) Vol 39, p 467

Law Review Cita­tions

10 WLJ 362, 385 (1974)

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/­ors/­ors227.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 227, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano227.­html (2019) (last ac­cessed May 16, 2020).
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