215.110
Recommendations for implementation of comprehensive plan; enactment of
ordinances; referral; retroactivity.
(1) A planning commission may recommend to the governing body ordinances
intended to implement part or all of the comprehensive plan. The ordinances may
provide, among other things, for:
(a) Zoning;
(b) Official maps
showing the location and dimensions of, and the degree of permitted access to,
existing and proposed thoroughfares, easements and property needed for public
purposes;
(c) Preservation
of the integrity of the maps by controls over construction, by making official
maps parts of county deed records, and by other action not violative of private
property rights;
(d) Conservation
of the natural resources of the county;
(e) Controlling
subdivision and partitioning of land;
(f) Renaming
public thoroughfares;
(g) Protecting
and assuring access to incident solar energy;
(h) Protecting
and assuring access to wind for potential electrical generation or mechanical
application; and
(i) Numbering
property.
(2) The governing
body may enact, amend or repeal ordinances to assist in carrying out a
comprehensive plan. If an ordinance is recommended by a planning commission,
the governing body may make any amendments to the recommendation required in
the public interest. If an ordinance is initiated by the governing body, it
shall, prior to enactment, request a report and recommendation regarding the
ordinance from the planning commission, if one exists, and allow a reasonable
time for submission of the report and recommendation.
(3) The governing
body may refer to the electors of the county for their approval or rejection an
ordinance or amendments thereto for which this section provides. If only a part
of the county is affected, the ordinance or amendment may be referred to that
part only.
(4) An ordinance
enacted by authority of this section may prescribe fees and appeal procedures
necessary or convenient for carrying out the purposes of the ordinance.
(5) An ordinance
enacted by authority of this section may prescribe limitations designed to
encourage and protect the installation and use of solar and wind energy
systems.
(6) No
retroactive ordinance shall be enacted under the provisions of this section. [Amended
by 1963 c.619 §7; 1973 c.696 §22; 1975 c.153 §2; 1977 c.766 §4; 1979 c.671 §2;
1981 c.590 §7]
215.120 [Amended by 1957 c.568 §2;
repealed by 1963 c.619 §16]
215.124 [1955 c.683 §§2, 4; 1957 c.568 §3;
repealed by 1959 c.387 §1]
215.126 [1955 c.683 §3; 1957 c.568 §1;
1959 c.387 §2; repealed by 1963 c.619 §16]
Notes of Decisions
Fifth Avenue Corp. v. Washington Cnty., Etc., 581 P.2d 50 (Or. 1978).
· cites it 5× “First of all, it is limited to those situations where the governing body (County Board), as opposed to the Planning Commission, is the forum where the action is initiated. In the present case, pursuant to the Ordinance 120 procedures, action was initiated by the Planning…”
Fasano v. Bd. of Cnty. Com'rs of Washington Cty., 507 P.2d 23 (Or. 1973).
· cites it 4× “2d 545 (1965): "Inasmuch as ORS 215.110 specifically grants to the governing board of the county the power to amend zoning ordinances, a challenged amendment is a legislative act and is clothed with a presumption in its favor.”
Warren v. Marion Cnty., 353 P.2d 257 (Or. 1960).
· cites it 5× “*324 “(2) Prior to the enactment of any zoning or land nse ordinances submitted under ORS 215.110, the county court or board of county commissioners shall refer to the legal voters of the county at a general or special election called for that purpose the question ‘Shall the…”
South of Sunnyside Neighborhood League v. Bd. of Commissioners, 569 P.2d 1063 (Or. 1977).
· cites it 2× “ORS 215.110(3) provides that when the county governing body initiates action on certain "ordinances intended to carry out part or all of the comprehensive plan” it is to request a report and recommendation from the planning commission, and to allow a reasonable time for…”
Allison v. Washington Cnty., 548 P.2d 188 (Or. Ct. App. 1976).
· cites it 2× “I base this conclusion on ORS 215.110(4), which provides: "The governing body may refer to the legal voters of the county for their approval or rejection an ordinance or amendments thereto for which subsection *204 (3) of this section provides.”
Doe v. Medford Sch. Dist. 549C, 221 P.3d 787 (Or. Ct. App. 2009).
“100 (“no local authority shall enact any ordinances”); ORS 215.110(2) (“[t]he governing body may enact, amend or repeal ordinances”); ORS 215.”
Tatum v. Clackamas Cnty., 529 P.2d 393 (Or. Ct. App. 1974).
· cites it 7× “” ORS 215.110 (3) provides: “The governing body may enact, amend or repeal ordinances recommended by authority of this section, together with whatever amendments it believes the public interest requires.”
Eklund v. Clackamas Cnty., 583 P.2d 567 (Or. Ct. App. 1978).
“No zoning or subdivision ordinance may be retroactive, ORS 215.110(5). Nonconforming uses are also recognized by statute.”
Warburton v. Harney Cnty., 25 P.3d 978 (Or. Ct. App. 2001).
“ORS 215.110(1) and (2) (1963). The grant of authority to zone land for farm use exclusively was tied to ORS chapter 308 (1963) (former ORS 308.”
1000 Friends of Or. v. Jackson Cnty., 423 P.3d 793 (Or. Ct. App. 2018).
“" Finally, ORS 215.110(5) allows counties to include in their development codes "limitations designed to encourage and protect the installation and use of solar and wind energy *187 systems.”
Sabo v. Monroe Twp., 232 N.W.2d 584 (Mich. 1975).
“Under ORS 215.110(1), after the comprehensive plan has been adopted, the planning commission recommends to the governing body of the county the ordinances necessary to 'carry out’ the comprehensive plan.”
— Or. Rev. Stat. § 215.110(1) — 5 cases
Fifth Avenue Corp. v. Washington Cnty., Etc., 581 P.2d 50 (Or. 1978).
“First of all, it is limited to those situations where the governing body (County Board), as opposed to the Planning Commission, is the forum where the action is initiated. In the present case, pursuant to the Ordinance 120 procedures, action was initiated by the Planning…”
Fasano v. Bd. of Cnty. Com'rs of Washington Cty., 507 P.2d 23 (Or. 1973).
“2d 545 (1965): "Inasmuch as ORS 215.110 specifically grants to the governing board of the county the power to amend zoning ordinances, a challenged amendment is a legislative act and is clothed with a presumption in its favor.”
Warburton v. Harney Cnty., 25 P.3d 978 (Or. Ct. App. 2001).
“ORS 215.110(1) and (2) (1963). The grant of authority to zone land for farm use exclusively was tied to ORS chapter 308 (1963) (former ORS 308.”
Sabo v. Monroe Twp., 232 N.W.2d 584 (Mich. 1975).
“Under ORS 215.110(1), after the comprehensive plan has been adopted, the planning commission recommends to the governing body of the county the ordinances necessary to 'carry out’ the comprehensive plan.”
Tatum v. Clackamas Cnty., 529 P.2d 393 (Or. Ct. App. 1974).
“” ORS 215.110 (3) provides: “The governing body may enact, amend or repeal ordinances recommended by authority of this section, together with whatever amendments it believes the public interest requires.”
— Or. Rev. Stat. § 215.110(2) — 2 cases
Doe v. Medford Sch. Dist. 549C, 221 P.3d 787 (Or. Ct. App. 2009).
“100 (“no local authority shall enact any ordinances”); ORS 215.110(2) (“[t]he governing body may enact, amend or repeal ordinances”); ORS 215.”
Tatum v. Clackamas Cnty., 529 P.2d 393 (Or. Ct. App. 1974).
“” ORS 215.110 (3) provides: “The governing body may enact, amend or repeal ordinances recommended by authority of this section, together with whatever amendments it believes the public interest requires.”
— Or. Rev. Stat. § 215.110(3) — 3 cases
Fifth Avenue Corp. v. Washington Cnty., Etc., 581 P.2d 50 (Or. 1978).
“First of all, it is limited to those situations where the governing body (County Board), as opposed to the Planning Commission, is the forum where the action is initiated. In the present case, pursuant to the Ordinance 120 procedures, action was initiated by the Planning…”
South of Sunnyside Neighborhood League v. Bd. of Commissioners, 569 P.2d 1063 (Or. 1977).
“ORS 215.110(3) provides that when the county governing body initiates action on certain "ordinances intended to carry out part or all of the comprehensive plan” it is to request a report and recommendation from the planning commission, and to allow a reasonable time for…”
Tatum v. Clackamas Cnty., 529 P.2d 393 (Or. Ct. App. 1974).
“” ORS 215.110 (3) provides: “The governing body may enact, amend or repeal ordinances recommended by authority of this section, together with whatever amendments it believes the public interest requires.”
— Or. Rev. Stat. § 215.110(4) — 2 cases
Allison v. Washington Cnty., 548 P.2d 188 (Or. Ct. App. 1976).
“I base this conclusion on ORS 215.110(4), which provides: "The governing body may refer to the legal voters of the county for their approval or rejection an ordinance or amendments thereto for which subsection *204 (3) of this section provides.”
Tatum v. Clackamas Cnty., 529 P.2d 393 (Or. Ct. App. 1974).
“” ORS 215.110 (3) provides: “The governing body may enact, amend or repeal ordinances recommended by authority of this section, together with whatever amendments it believes the public interest requires.”
— Or. Rev. Stat. § 215.110(5) — 2 cases
Eklund v. Clackamas Cnty., 583 P.2d 567 (Or. Ct. App. 1978).
“No zoning or subdivision ordinance may be retroactive, ORS 215.110(5). Nonconforming uses are also recognized by statute.”
1000 Friends of Or. v. Jackson Cnty., 423 P.3d 793 (Or. Ct. App. 2018).
“" Finally, ORS 215.110(5) allows counties to include in their development codes "limitations designed to encourage and protect the installation and use of solar and wind energy *187 systems.”
— Or. Rev. Stat. § 215.110(l)(e) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.