Chapter 1 Oregon Laws 1999

Session Law

AN ACT

HB 2515 (1997)

Relating to notice of proposed land use action by local government; creating new provisions; amending ORS 215.503; repealing ORS 215.508; and providing that this Act shall be referred to the people for their approval or rejection.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 215.503 is amended to read:

215.503. (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) [Except as otherwise provided by county charter:]

[(a)] All legislative acts relating to comprehensive plans, land use planning or zoning adopted by the governing body of a county shall be by ordinance.

[(b)] (3) Except as provided in subsection (6) of this section and in addition to the notice required by ORS 215.060, 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, the governing body of a county shall cause a written individual notice of 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.

[(c)] (4) In addition to the notice required by ORS 215.223 (1), 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, the governing body of a county shall cause a written individual notice of land use change to be mailed to the owner of each lot or parcel of property that the ordinance proposes to rezone.

[(3)] (5) An additional individual notice of land use change required by subsection [(2)(b) or (c)] (3) or (4) of this section shall be approved by the governing body of the county and shall describe in detail how the proposed ordinance would affect the use of the property. [The notice shall be mailed by first class mail to the affected owner at the address shown on the last available complete tax assessment roll.] The notice shall:

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

This is to notify you that (governing body of the county) has proposed a land use regulation that will affect the permissible uses of your land.

(b) Contain substantially the following language in the body of the notice:

On (date of public hearing), (governing body) will hold a public hearing regarding the adoption of Ordinance Number ____. The (governing body) has determined that adoption of this ordinance will affect the permissible uses of your property and may reduce the value of your property.

Ordinance Number ____ is available for inspection at the _____ County Courthouse 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 (governing body) Planning Department at ___-____.

(6) At least 30 days prior to the adoption or amendment of a comprehensive plan or land use regulation by the governing body of a county pursuant to a requirement of periodic review of the comprehensive plan under ORS 197.628 to 197.636, the governing body of the county 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 will affect the use of the property. The notice also shall:

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

This is to notify you that (governing body of the county) has proposed a land use that will affect the permissible uses of your land.

(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, (governing body) has proposed Ordinance Number ____. (Governing Body) has determined that the adoption of this ordinance will affect the permissible uses of your property and may reduce the value of your property.

Ordinance Number ____ will become effective on (date).

Ordinance Number ____ is available for inspection at the ____ County Courthouse 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 (governing body) 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, the governing body of a county 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 governing body of the county:

(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 county resulting from action of the Legislative Assembly or the Land Conservation and Development Commission for which notice is provided under section 5 of this 1997 Act, or resulting from a decision of a court of competent jurisdiction.

(11) The governing body of the county 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 the governing body of a county for all usual and reasonable costs incurred to provide notice required under subsection (6) of this section.

SECTION 2. Section 3 of this Act is added to and made a part of ORS 227.160 to 227.185.

SECTION 3. (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 extending from the left-hand margin to the right-hand margin across the top of the face page of the notice:

This is to notify you that (city) has proposed a land use regulation that will affect the permissible uses of your land.

(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 will affect the permissible uses of your property and may reduce 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 to 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 will affect the use of the property. The notice also shall:

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

This is to notify you that (city) has proposed a land use that will affect the permissible uses of your land.

(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 will affect the permissible uses of your property and may reduce 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 section 5 of this 1997 Act, or resulting from 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.

SECTION 4. Section 5 of this Act is added to and made a part of ORS chapter 197.

SECTION 5. (1) At least 50 days prior to the effective date of a new or amended administrative rule of the Land Conservation and Development Commission or a new or amended land use planning statute enacted by the Legislative Assembly, as described in subsection (3) of this section, the Department of Land Conservation and Development shall cause a written notice of land use change, in substantially the form described in subsection (2) of this section, to be mailed to every local government that exercises land use planning authority under ORS 197.175.

(2) The notice shall contain substantially the following language in the body of the notice:

(a) On (date of rule adoption), the Land Conservation and Development Commission adopted administrative rule (number). The commission has determined that this rule will affect the permissible uses of property in your jurisdiction and may reduce the value of subject property.

Rule (number) is available for inspection at the Department of Land Conservation and Development located at (address). A copy of the rule (number) also is available for purchase at a cost of ____.

For additional information, contact the Department of Land Conservation and Development at (telephone number); or

(b) On (date of enactment) the Legislative Assembly adopted (House/Senate bill number). The Department of Land Conservation and Development has determined that enactment of (House/Senate bill number) will affect the permissible uses of property in your jurisdiction and may reduce the value of subject property.

A copy of (House/Senate bill number) is available for inspection at the Department of Land Conservation and Development located at (address). A copy of (House/Senate bill number) also is available for purchase at a cost of ____.

For additional information, contact the Department of Land Conservation and Development at (telephone number).

(3) The provisions of this section apply to all statutes and administrative rules of the Land Conservation and Development Commission that limit or prohibit otherwise permissible land uses.

(4) A local government that receives notice under this section shall cause a copy of the notice to be mailed to every owner of real property that will be rezoned as a result of the adoption or enactment of the rule or statute. Notice to a landowner under this subsection shall be mailed at least 30 days prior to the effective date of the subject rule or statute.

(5) The department shall reimburse the local government for all usual and reasonable costs of providing notice required under subsection (4) of this section.

SECTION 6. Section 7 of this Act is added to and made a part of ORS chapter 268.

SECTION 7. (1) At least 50 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 every government located within the district that exercises land use planning authority under ORS 197.175.

(2) The notice described in this section shall 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 this ordinance will affect the permissible uses of property in your jurisdiction and may reduce the value of subject property.

Ordinance (number) is available for inspection at the Metropolitan Service District offices located at (address). A copy of the ordinance (number) also is available for purchase at a cost of ____.

For additional information, contact the Metropolitan Service District at (telephone number).

(3) A local government that receives notice under this section shall cause a copy of the notice to be mailed to every owner of real property that will be rezoned as a result of the adoption of the ordinance. Notice to a landowner under this subsection shall be mailed at least 30 days prior to the effective date of the subject ordinance.

(4) The district shall reimburse the local government for all usual and reasonable costs of providing notice required under subsection (3) of this section.

SECTION 8. ORS 215.508 is repealed.

SECTION 9. This Act shall be submitted to the people for their approval or rejection at the next regular general election held throughout this state.

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Chapter 1, Oregon Laws 1999 (Ballot Measure 56), was referred to the electorate of Oregon by the Sixty-ninth Legislative Assembly and was approved by the voters at the regular general election on November 3, 1998. By proclamation of the Governor dated December 3, 1998, the Act was declared to have received an affirmative majority of the total number of votes cast thereon and to be in full force and effect as provided in Article IV, section 1, Oregon Constitution. Effective date December 3, 1998.

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