2019 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 227 - City Planning and Zoning
Section 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, 197.633 and 197.636, 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.
(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 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. (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, 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 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]
