Helpful FAQs - Zoning

“Zoning” refers to the collection of laws and regulations that are applied to various land uses.  Zoning regulations establish different types of areas, or zones, according to their primary uses, such as residential, industrial, commercial, or open space. Other types of zones include light industrial, downtown zones, multifamily and mixed uses among different types. Within each geographically defined zone, the regulations define the permitted uses, conditional uses, special exceptions, and sometimes even specific unpermitted (or prohibited) uses.

 

Zoning offers several benefits: provides protections from nuisances; protects the health and safety of the public, and allows property owners a reasonable expectation of what can happen on neighboring properties. For example, areas zoned Residential would likely prohibit a heavy industry that would be disruptive (traffic, noise, etc.) to residences. Similarly, industrial zones often limit or prohibit retail and residential uses so that industrial lands, which are in short supply in Oregon, are maintained for industrial uses.

 

Many municipalities have their zoning map accessible via their website. You can also call your local planning department with your address and they will be able to look it up for you. Once you know your zone, most municipalities in Oregon have their Zoning Code online, which allows you to find out what the basic regulations for your zone are. If you are planning something in particular, you should always check with your local planning department BEFORE you start your design to find out any restrictions or design requirements.

 

In addition to establishing use zones, zoning regulations include development standards. These standards (sometimes called “bulk regulations”) are the combination of controls that determine the maximum size and placement of a building on a lot.  The standards vary by zone and generally regulate minimum lot size, maximum lot coverage, minimum vegetation, height, setbacks, and density. Some zones may also have design standards, which shape the appearance and scale of buildings. These standards can also regulate the percentage of windows on the front of the building, the location of the main entrance, the materials that may be used, and architectural details that must be incorporated into the design as with the Southwest Overlay on Highway 101 or the Downtown-District.

 

Every municipality has the ability to grant ‘variances’ for some types of standards to prevent ‘undo hardship.’ What types of things, and how much of a variance can be granted vary, so you will need to check with Planning  to see if, and under what circumstances, a variance can be granted, and what kind of review process is required. Variances aren’t granted lightly, and require the applicant to explain what benefits to the community the variance would result in. Good reasons for variances include: wanting to change a setback to save a heritage tree, having an oddly shaped lot that requires special design. Reasons like “I want to put the shed in my front yard so I have more room in my backyard” have little public benefit and isn’t likely to be approved…

 

Oregon state law has strict requirements for when a land use approval can be done ‘administratively’ (by staff review) and when a public hearing is required. Decisions that can be weighed against clear standards (like whether a building meets a 10 foot setback) can be done administratively and are usually called a “Type I” or “Type II” land use application.

 

If the decision requires the exercise of discretion (called ‘quasi-judicial’), requires public notice to nearby property owners and a hearing open to the public (usually at either a Planning Commission or City Council meeting, or both, depending on what approval is being sought).

 

It depends – if it was constructed illegally (without permits or land use approvals when it was built), you may need to tear it down or ‘make it legal’ by either altering the construction or applying for a Variance.

 

If the house, or any later addition that is within the setbacks, was constructed legally, then the building would be considered ‘legal but nonconforming.’ There are many buildings that fall into this category either because they were established before land use and development regulations existed or because they conformed to the regulations in place at the time and those regulations have since changed. Special regulations apply to these nonconforming uses.

 

Nonconforming uses and development (often called “grandfathered”) are uses and development that do not conform to a community’s current land use and development regulations. Most types of nonconforming uses and development can be maintained, but may require land use review before they are altered. Also, if they are destroyed by fire or other natural disaster, they can be rebuilt. However, if you tear a building down, any new building must meet the current standards.

 

Examples of nonconforming uses and development include: a single- family home that is built on property zoned for manufacturing or industrial uses; an apartment building that is located on a property zoned for single- family homes; an old house that was built prior to zoning codes that is built closer to the property line than is currently allowed in that zone.

 

 

 

 

Adjustment or variance: the process by which an applicant can request deviation from the rules a municipality applies to land use and land development, typically a zoning ordinance, building code or municipal code. The manner in which variances are employed can differ greatly depending on the municipality.

 

Change in use: a change in the primary use from one use to another or the addition of other uses, not including accessory uses.

 

Development: all improvements on a site, including, but not limited to: buildings, accessory structures, parking and loading areas, paved or graveled areas, improved open areas (such as plazas or walkways), above-ground utilities, landscaping, and areas devoted to exterior display, storage, or activities.

 

Dwelling unit: a building, or portion of a building, that includes its own independent living facilities— including provision for sleeping, cooking, and sanitation—and is designed for residential occupancy by 1 or more people.

 

Floor area ratio: the amount of building floor area in relation to the amount of site area, expressed in square feet. For example, a floor area ratio of 2 to 1 means 2 sq ft of floor area for every 1 sq ft of site area.

 

Lot coverage: the amount of area covered by building(s) on a lot expressed as a percentage of the total lot area.

 

Minimum vegetation: the area of a lot that supports vegetation expressed as a percentage of the total lot area.

 

Use: the purpose for which land or a structure is designed, arranged, or intended, or for which it is occupied or maintained.

Building permits are retained for the life of the structure, demolition permits are retained for two years after demolition, final inspection record is retained for the life of the structure, all other inspections are retained for two years and plans are retained for 2 years.