Zoning & Land Use

Published on Feb 21, 2017

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PRESENTATION OUTLINE

Zoning & Land Use

Photo by keeva999

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Origins of Zoning

Prevent spread of fire & disease

Purpose of Zoning

Photo by Benson Kua

Purposes of Zoning

  • Public Health
  • Urban Development
  • Protection of Environment & Open Space
  • Public Welfare

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Oregon Land Use Act

Adopted in 1973

19 Statewide Planning Goals

  • Forest Land
  • Transportation
  • Coastal Shorelands
  • Energy Conservation

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Zoning Designations

  • EFU - Exclusive Farm Use
  • AF - Agricultural / Forest
  • R - Residential
  • C - Commercial
  • I - Industrial

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Types of Property

  • Lots
  • Parcels
  • Tax Lots
Photo by Theen ...

Dividing Land

Lots of Record

A lawfully created lot or parcel remains discrete unless vacated or further divided

Partition

  • 3 or less
  • Results in "parcels"
  • Exceptions
  • Recorded with county surveyor

Subdivision

  • 4 or more
  • Results in "lots"
  • Recorded with county surveyor
Photo by WarzauWynn

Lot Line Adjustment

Relocation of common property line
Photo by Hunky Punk

Design Review

  • size, shape, height
  • harmoniously to the natural environment
  • complement the context of existing buildings
  • promotion of pedestrian activity

Development / Design Review

  • Type I
  • Type II
  • Type III

Historic Preservation

  • Goal 5
  • Local gov't must inventory & determine significance
  • May prohibit or limit conflicting uses
Photo by amygwen

Conditional Use

Not permitted outright under zoning code

Variances

permission to not comply 

Nonconforming Use vs. Vested Right

  • Nonconforming use protects uses in existence at the time of a change in zoning
  • Vested right occurs when use is not fully established before the zoning change but a substantial commitment is mde

LUBA

Land Use Board of Appeals
Photo by Phil Roeder

Private Land Use Arrangements

CC&Rs / Restrictive Covenants

Measure 37 / 49

Photo by keeva999

What We'll Cover

  • Origins
  • Purposes
  • Oregon's System
  • Common Zoning Issues
  • Private Land Use Arrangement

Village of Euclid v. AmblerRealty Co

1926