Welcome to Chapter 3 – Land Development in Practice. As we noted in our overview in Chapter 1, local comprehensive plans are the overarching documents cities and counties use to guide and regulate land use and development. The comprehensive plan must be consistent with Statewide Planning Goals and is implemented through zoning ordinances, development codes and other regulations. All cities and counties within Oregon have a comprehensive plan and implementing ordinances. It is important to periodically review and revise plans and regulations to ensure they are consistent with legal requirements and reflect community needs and values. The purpose of this chapter is to explain these practices in more detail.
Comprehensive plans identify each community’s type, location and intensity of future development. Depending on the size of the jurisdiction, plans may be subject to periodic review by DLCD, the State Department of Land Conservation and Development. They are expected to accommodate changing needs over time. Where applicable, comprehensive plans include policy guidance for specific natural resources such as rivers, wetlands, forests, farmland, rangeland, estuaries, shorelands, beaches, and dunes.
The process to prepare each comprehensive plan requires several steps. They may overlap and do not necessarily take place in this specific order:
When identifying current conditions and issues, it is important to undertake early and thorough public involvement efforts with citizens, local businesses, community organizations and neighborhood leaders. Public engagement may occur in many ways, from open houses, town hall meetings and workshops, to coffee klatches and personal interviews. Websites, e-mail, and other on-line techniques help broaden public outreach and promote civic engagement.
The second task, data collection, also contributes to identifying issues. Information is most often available from governmental agencies, community resources such as housing inventories, and current and previous policies and plans. After careful review and analysis, the data can show emerging patterns that may help to predict future conditions. Examples include population projections and economic forecasts. Information about natural hazards, geology and topography can help guide decisions about where future development should occur.
The third step is to set goals. What is the community’s vision? What kind of community do people favor? How much land should be set aside for future housing needs? Industrial development? Natural resource protection? Recreation? Other uses? The resolution of many of these issues will involve application of requirements contained in the statewide planning goals and state statutes.
The fourth and final step is to prepare or update the comprehensive plan - the document that is reviewed and adopted by the governing body. The plan covers public involvement, key goals and focus areas, and implementation measures. The planning process may require several drafts and take considerable time and effort.
Adoption of the comprehensive plan is considered a "legislative" action. It follows public hearings, which provide an opportunity for formal public testimony, and final approval by the city council or county commission. After state review and "acknowledgement," the comprehensive plan becomes the community’s guiding policy statement regarding land use and development.
Comprehensive plans are implemented through land use regulations such as zoning ordinances and development codes. Other measures may include capital improvement programs, design review ordinances, intergovernmental agreements, refinement plans, and special area management plans.
State law (ORS 197.628) establishes procedures for periodic review of comprehensive plans and land use regulations. This process is mandatory for some more populated jurisdictions and is optional for others. The purpose of this process is to ensure that comprehensive plans and land use regulations are appropriate for the community, given any changes in local, regional and state conditions and continue to comply with the statewide planning goals. Statewide Planning Goal 2 requires all comprehensive plans to contain a schedule for review and revision on a periodic basis. Plans must continue to provide sufficient land for projected population growth and development and ensure that such growth and development is supported by adequate transportation and public facility infrastructure. Needed amendments must go through the adoption process described previously.
The purpose of a zoning ordinance is to carry out the policies and designations contained in the comprehensive plan. Zoning ordinances divide community into various land use zoning districts, such R-1 residential, or C-1 Commercial. Each specific zone lists uses and activities allowed outright, allowed with conditions, or prohibited. Zones delineate areas where similar types of development are permitted and others are not. For example, a mixed-use housing/commercial district permits a variety of housing types and businesses, but may not allow large-scale industrial manufacturing. Zones can separate conflicting land uses, protect property values, improve predictability in decision-making, increase efficiency of public services and protect natural resources or special types of land. Zoning ordinances also contain procedures for actions requiring review or hearings; for amendments to the ordinance or map; and for enforcement.
The Zoning Map is a visual and spatial planning tool that implements the comprehensive plan. The map shows the location and boundaries of base zones and overlay zones covering all geographical areas of the city or county. The zoning map and any changes to zoning designations over time must be consistent with policies and designations in the comprehensive plan. The comprehensive plan and zoning map may be very similar but not necessarily identical.
Basic zone designations typically include general categories of uses such as Residential, Commercial, Industrial, Public, Farm, Forest, and Rural Residential. Overlay zones typically apply to floodplain and natural hazard areas; specific natural resource areas; or, special use areas such as airports. Within the basic zone categories, communities often include several more specific zones. For example, sub-categories of residential zoning may include single-family, multi-family, medium-density, and high-density. While zoning categories are similar statewide, each community creates its own, based on the desired development pattern and policy framework contained in the comprehensive plan.
Local governments may allow certain uses in a zone subject to review and special conditions. The zoning ordinance lists conditional uses that may be authorized within each zone. Conditions of approval may be specified by the zone or imposed by a decision-maker based on the results of a public review and hearing, although in this case the decision-maker will need to justify special conditions by citing an overarching policy or requirement. A variance allows a local government to modify some requirements to account for unique circumstances based on standards outlined in the zoning ordinance. Variances may reduce lot size requirements or coverage standards, off street parking requirements or structural setbacks. Variances do not allow uses not otherwise authorized in a zoning category.
Conditional use provisions generally apply to uses or activities that have potential adverse impacts or compatibility issues and therefore require review. In many cases, adverse impacts and compatibility issues can be resolved or minimized by the application of conditions or limitations. Zoning ordinances specifically list the types of uses and activities that may be authorized through the conditional use review process. Some types of conditional uses, such as those allowed within Exclusive Farm Use zones, are subject to specific state requirements.
Variance provisions provide the opportunity to modify regulations due to unusual circumstances, such as the lot configuration, in order to allow the same use as similarly situated nearby property. For example, a variance may be requested to allow a reduced setback for a home built on an unusually shaped lot. Variances are subject to specific and rigorous approval standards outlined in the zoning ordinance. Decisions require evidence and findings demonstrating the standards are met.
Overlay zones modify the regulations in a base zone by allowing or limiting uses or adding specific requirements. For example, an area may be zoned commercial and also be included in a design overlay zone to meet certain community goals. Among the many types of overlay zones are those for floodplains or other hazards, riparian areas or environmental considerations, future urban uses, greenways, main streets, airports and transportation corridors.
Euclidian Zoning is the most common zoning ordinance framework used in the United States. The term "Euclidian" is from the 1926 U.S. Supreme Court case, Village of Euclid, Ohio v. Ambler Realty Co. This style of zoning segregates land uses into use categories based on the type and intensity of allowed uses and activities. Residential zones typically allow the lowest intensity uses and industrial zones typically allow the highest intensity uses. Over time, many communities have chosen to abandon this tiered approach in favor of more specific and exclusive zoning categories. This approach encourages more efficient uses of land, public facilities and transit.
Local governments also are increasingly considering "Performance Zoning," also known as "Effects-Based Planning," and "Incentive Zoning." Both establish goals and criteria for development and are considered more flexible than more conventional zoning.
Another alternative, "Mixed-Use Zoning," allows compatible but different types of uses in a single area. A mix of housing, retail, and offices often results in a compact pedestrian friendly development pattern with more efficient infrastructure and stronger economic ties within the community. Mixed-use areas can be included within "Form-Based Codes." These codes regulate development form, rather than land use. For example, form-based codes in a densely developed area typically include smaller set-backs, higher residential density and improved pedestrian circulation.
DLCD has prepared a Model Code for use by small cities and provides technical assistance to local governments. For information about the model code or code assistance program, contact the regional representative for your area.
CC&Rs or "Covenants, Conditions and Restrictions" are also known as "private zoning." They are often established and enforced by a homeowners’ association formed by the developer. The goal is to maintain high standards of development by prohibiting activities that could degrade the appearance or security of the development. Covenants restricting ownership in the development by certain classes or races of people are illegal.
Under Oregon law, there are two categories of land divisions: partitions and subdivisions. A partition divides a unit of land into two or three parcels. A subdivision divides a unit of land into four or more lots.
Minimum lot size is the smallest area allowed for a lot or parcel. In cities, this is the smallest area of land in a particular zone on which a structure may be built. Minimum lot sizes are typically expressed in square feet in urban zones and in acres in rural zones. The minimum lot size in an area determines the density of allowable development. Typical minimum residential lot sizes in urban areas are between 5,000 and 20,000 square feet. In rural farm and forest zones, they are between 80 - 160 acres, and in rural residential areas between 2 and 10 acres. For reference, one acre is 43,560 square feet. If it were square, it would be approximately 209 feet on each side, about the size of a small city block.
Partitions and subdivisions undergo two stages of review and approval. A tentative or preliminary plan is a proposal that is reviewed by local officials to ensure conformance with code or ordinance requirements and identify planning issues or problems. After it is approved, the tentative or preliminary plan becomes a final plat with accurate survey lines and dimensions of lots, streets, utilities, and other physical features. This final plat is officially recorded with the county. Detailed standards and procedures governing partitions and subdivisions are found in ORS Chapter 92*.