2017 ORS 268.393¹
Land use planning ordinance
  • notice to local governments and landowners

(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) At least 45 days prior to the final public hearing on a proposed new or amended land use planning ordinance of a metropolitan service district, the district shall cause written notice of the proposed ordinance to be mailed to every owner of real property that will be rezoned as a result of the proposed ordinance.

(3) The notice required in subsection (2) of this section must:

(a) Contain substantially the following language in boldfaced text extending across the top of the face page from the left margin to the right margin:

______________________________________________________________________________

This is to notify you that the metropolitan service district has proposed a land use planning ordinance 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), the metropolitan service district will hold a public hearing regarding the adoption of ordinance (number). The district 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 metropolitan service district offices located at (address). A copy of the ordinance (number) is available for purchase at a cost of $_____.

For additional information, contact the metropolitan service district at (telephone number).

______________________________________________________________________________

(4) If real property of an owner will be rezoned as a result of the adoption of the land use planning ordinance and the owner was not notified pursuant to subsection (2) of this section, at least 30 days prior to the effective date of a new or amended land use planning ordinance of a metropolitan service district, the district shall cause written notice of the new or amended ordinance to be mailed to the owner of the real property that will be rezoned.

(5) The notice required in subsection (4) of this section must:

(a) Contain substantially the following language in boldfaced text across the top of the face page extending from the left margin to the right margin:

______________________________________________________________________________

This is to notify you that the metropolitan service district has adopted a land use planning ordinance 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 ordinance adoption), the metropolitan service district adopted ordinance (number). The district 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 metropolitan service district offices located at (address). A copy of the ordinance (number) is available for purchase at a cost of $_____.

For additional information, contact the metropolitan service district at (telephone number).

______________________________________________________________________________

(6) For purposes of this section, property is rezoned by a land use planning ordinance adopted by a metropolitan service district if the ordinance directly or indirectly requires a local government to:

(a) Change the base zoning classification of the property; or

(b) Modify land use regulations applicable to the property in a manner that would limit or prohibit land uses previously allowed. [1999 c.1 §7; 2003 c.668 §4a; 2003 c.802 §99]

Chapter 268

Notes of Decisions

Limita­tion of chapter ap­pli­ca­bil­i­ty to statutorily defined area within boundaries of Clackamas, Multnomah and Washington counties and preclusion of forma­tion of addi­tional metropolitan service districts in state, did not create corpora­tion by special law in viola­tion of Const. Art. XI sec 2. Reilley v. Secretary of State, 288 Or 573, 607 P2d 162 (1980)

Atty. Gen. Opinions

Authority of district to borrow waste disposal planning funds from Environ­mental Quality Commission, (1972) Vol 35, p 1117; Motor Vehicle Emission Control Inspec­tion Program funding, (1974) Vol 37, p 130

Law Review Cita­tions

51 OLR 53 (1971); 93 OLR 455 (2014)

1 Legislative Counsel Committee, CHAPTER 268—Metropolitan Service Districts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors268.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 268, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano268.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.