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Characteristics of a General Plan

• Physical
• Long-Range
• Comprehensive
• Statement of Policy
• Guide to Decision Making

The Function of Comprehensive Plans

• The plan is an expression of what a community wants. It is a statement of goals, a listing of objectives, and a vision of what might be.

• The plan, once prepared, serves as a guide to decision-making. It provides the means for guiding and influencing the many public and private decisions that create the future of the community.

• The plan in some cases may represent the fulfillment of a legal requirement. It may be a necessary obligation. A mandated plan can still fulfill the first two functions, but the fact that it is required adds another dimension to the process.

Definitions

• Goals are value-based statements that are not necessarily measurable. For example: A community containing a balanced variety of housing types.

• Objectives are more specific, measurable statements of desired ends. For example: Increase the amount of multi-family units.

• Policies are rules or courses of action that indicate how the goals and objectives of the plan should be realized

• Programs are a series or group of policies

• Projects are specific actions or recommendations and are the implementing tools for programs

Comprehensive Plan Components or Elements Generally Include:

• A description of existing conditions - a sound information (or factual) base is required to determine needs and methods to meet them; it establishes the context for policies and recommendations; provides a record of conditions during prep; and educates citizens and decision-makers.

• A statement of Goals and Objectives - represent the plan’s statement of community desires; they provide direction for the plan.

• A description of future needs and proposals for meeting those needs - needs are derived from projections or forecasts that are exogenous to the plan, such as population, employment, transportation patterns, as well as the recommendations; usually in the form of policies, programs, and projects.

Who are the players?

Local Governments

• City and County Governing Bodies
• Planning Commissions
• Hearings Officers and Special Panels
• Citizen Involvement Committees
• Others

State Agencies

• Land Use Agencies
• Environmental Agencies
• State Legislative Committees
• Other State Agencies

Other Organizations

• Realtor/Homebuilder Associations
• Coastal Zone Management
• Non-profits
• Many others

What is Zoning?

The division of a municipality (or other governmental unit) into districts, and the regulation within those districts of:

• The height and bulk of buildings and other structures;

• The area of a lot which may be occupied and the size of required open spaces;

• The density of population;

• The uses of buildings and land for trade, industry, residence, or other purposes.

Resolutions and Ordinances

• Resolutions should deal with a temporary or special policy matter. A resolution is administrative becuase it executes a law already in effect, and resolution adoption procedures are usually less circumscribed than those for an ordinance. Policy adoption and other administrative matters are examples of actions that are proper subjects for action by resolution.

• Ordinances should be use for legislation intended to have a permanent and general effect. Ordinance adoption procedures are prescribed by charter or statute and must be followed strictly. Unless an ordinance contains an emergency clause, it usually does not take effect immediately and is subject to the constitutional local referendum right.

Land use decisions (ORS 197)

(a) Includes:

(A) A final decision or determination made by a local government or special district that concerns the adoption, amendment or application of:

(i) The LCDC Goals;

(ii) A comprehensive plan provision;

(iii) A land use regulation; or

(iv) A new land use regulation; or

(B) A final decision or determination of a state agency other than the Commission with respect to which the agency is required to apply the goals.

(b) Does not include a ministerial decision of a local government made under clear and objective standards contained in an acknowledged comprehensive plan or land use regulation and for which no right to a hearing is provided by the local government.

Types of Land-Use Decisions

Legislative - create and adopt as law general policies and regulations for future land use within a jurisdiction. Examples include the adoption or revision of a comprehensive plan, zoning regulations, or a subdivision ordinance. LCDC goals must be considered for legislative land-use decisions.

Quasi-Judicial - apply the law to specific land development or use proposals. Examples of quasi-judicial decisions include small-tract zoning designations, conditional use permits, and major land divisions. They typically invlove the exercise of discretion by the decision-making official or body in applying general criteria of the plan or ordinance to the facts of a land development application. Quasi-judicicial decisions always involve the property rights of specific persons.

Ministerial or Adminsitrative - apply "clear and objective standards" for which the local government provides no right to a hearing. These decisions that are delegated to staff with the appropriate safeguards for the rights and interests of the affected parties. Examples include partitions or certain minor variances from standards

Summary of Decision Requirements

Type of Decision	Notification	Hearings	Findings	Appeal
Legislative	Notice must be provided consistent with local policies--but also to specific groups, agencies and LCDC if application of goals is involved	All local legislative land -use actions are required to be taken after a public hearing.	Goal 2 requires land-use decisions have an "adequate factual base". These decisions must be supported by written findings.	Land use decisions are subject to appeal only to LUBA. The scope of review only includes a determination of consistency with LCDC goals and the local comprehensive plan
Quasi-Judicial	Must identify the type of land use decision to be made and the time and place of the hearings	Parties are entitled to present and rebut evidence presented by others. The proponent has the burden of proof. Evidence that is not included in testimony or as part of the record may not be cited as a basis for the decision.	Decisions are not final until written findings have been adopted by the decision-making body. Failure to prepare and adopt "adequate" findings can result in reversal or remand of a decision.	The law requires that a notice of a quasi-judicial decision be sent to all parties of the proceeding. Decisions can be appealed directly to LUBA, but jurisdictions can provide more than one level of appeal.
Ministerial or Administrative	No required, but generally provided	Not required.	Not required.	Can be appealed to the appropriate decision-making body.

Subdivisions

Land Division: Land divided to create legally separate parcels in one of the following ways:

• Partition: A division of land that creates three or fewer lots within a calendar year when such parcel exists as a unit or contiguous units of land under single ownership at the beginning of the year.

• Subdivision: Division of an area or tract of land into four or more lots within a calendar year when such area or tract of land exists as a unit or contiguous units of land under a single ownership at the beginning of such year.

Source: City of Corvallis Zoning Ordinance.

 

Key Provisions of Subdivision Ordinances

Environmental Elements:

• Natural hazards and critical environmental areas
• Stormwater management
• Soil erosion and sedimentation control
• Water quality

Landscaping and aesthetics

Subdivision Improvements

• Water supply and sewage disposal
• Street and street related improvements
• Stormwater and erosion control
• Public services
• Survey monuments
• Street signs and names

Exactions and the financing of subdivision improvements

• Improvements and dedication of land
• Fees in lieu of dedication
• Impact fees

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This page maintained by Bob Parker, ©2000
March 25, 2000