215.799���� Location of dwellings on wildlife habitat land COUNTY PLANNING ����� 215.010 Definitions. As used in this chapter: ����� (1) The terms defined in ORS 92.010 shall have the meaning

215.799���� Location of dwellings on wildlife habitat land

COUNTY PLANNING

����� 215.010 Definitions. As used in this chapter:

����� (1) The terms defined in ORS 92.010 shall have the meanings given therein, except that �parcel�:

����� (a) Includes a unit of land created:

����� (A) By partitioning land as defined in ORS 92.010;

����� (B) In compliance with all applicable planning, zoning and partitioning ordinances and regulations; or

����� (C) By deed or land sales contract, if there were no applicable planning, zoning or partitioning ordinances or regulations.

����� (b) Does not include a unit of land created solely to establish a separate tax account.

����� (2) �Tract� means one or more contiguous lots or parcels under the same ownership.

����� (3) The terms defined in ORS chapters 197 and 197A shall have the meanings given therein.

����� (4) �Farm use� has the meaning given that term in ORS 215.203.

����� (5) �Recreational structure� means a campground structure with or without plumbing, heating or cooking facilities intended to be used by any particular occupant on a limited-time basis for recreational, seasonal, emergency or transitional housing purposes and may include yurts, cabins, fabric structures or similar structures as further defined, by rule, by the Director of the Department of Consumer and Business Services.

����� (6) �Recreational vehicle� has the meaning given that term in ORS 174.101.

����� (7) �The Willamette Valley� is Clackamas, Linn, Marion, Multnomah, Polk, Washington and Yamhill Counties and the portion of Benton and Lane Counties lying east of the summit of the Coast Range. [Amended by 1955 c.756 �25; 1963 c.619 �1 (1); 1985 c.717 �4; 1993 c.792 �8; 1999 c.327 �1; 2019 c.585 �19a; 2022 c.54 �15]

����� 215.020 Authority to establish county planning commissions. (1) The governing body of any county may create and provide for the organization and operations of one or more county planning commissions.

����� (2) This section shall be liberally construed and shall include the authority to create more than one planning commission, or subcommittee of a commission, for a county or the use of a joint planning commission or other intergovernmental agency for planning as authorized by ORS 190.003 to 190.130. [Amended by 1973 c.552 �1; 1975 c.767 �15]

����� 215.030 Membership of planning commission. (1) The county planning commission shall consist of five, seven or nine members appointed by the governing body for four-year terms, or until their respective successors are appointed and qualified, except that the terms of the initial members must be staggered for one, two, three and four years.

����� (2) A commission member may be removed by the governing body, after hearing, for misconduct or nonperformance of duty.

����� (3) Any vacancy on the commission must be filled by the governing body for the unexpired term.

����� (4) Members of the commission shall serve without compensation other than reimbursement for duly authorized expenses.

����� (5) Members of a commission must be residents of the various geographic areas of the county. If the commission has five or fewer members, no more than two voting members may be engaged principally in the buying, selling or developing of real estate for profit, as individuals, or be members of any partnership or officers or employees of any corporation that is engaged principally in the buying, selling or developing of real estate for profit. No more than two voting members may be engaged in the same kind of occupation, business, trade or profession.

����� (6) The governing body may designate one or more officers of the county to be nonvoting members of the commission.

����� (7) Except for subsection (5) of this section, the governing body may provide by ordinance for alternative rules to those specified in this section. [Amended by 1963 c.619 �2; 1973 c.552 �2; 1977 c.766 �1; 2025 c.355 �1]

����� 215.035 [1973 c.552 �10; renumbered 244.135 in 1993]

����� 215.040 [Amended by 1973 c.552 �3; repealed by 1977 c.766 �16]

����� 215.042 Planning director. (1) The governing body of each county shall designate an individual to serve as planning director for the county responsible for administration of planning. The governing body shall provide employees as necessary to assist the director in carrying out responsibilities. The director shall be the chief administrative officer in charge of the planning department of the county, if one is created.

����� (2) The director shall provide assistance, as requested, to the planning commission and shall coordinate the functions of the commission with other departments, agencies and officers of the county that are engaged in functions related to planning for the use of lands within the county.

����� (3) The director shall serve at the pleasure of the governing body of the county. [1973 c.552 �9]

����� 215.044 Solar access ordinances; purpose; standards. (1) County governing bodies may adopt and implement solar access ordinances. The ordinances shall provide and protect to the extent feasible solar access to the south face of buildings during solar heating hours, taking into account latitude, topography, microclimate, existing development, existing vegetation and planned uses and densities. The county governing body shall consider for inclusion in any solar access ordinance, but not be limited to, standards for:

����� (a) The orientation of new streets, lots and parcels;

����� (b) The placement, height, bulk and orientation of new buildings;

����� (c) The type and placement of new trees on public street rights of way and other public property; and

����� (d) Planned uses and densities to conserve energy, facilitate the use of solar energy, or both.

����� (2) The State Department of Energy shall actively encourage and assist county governing bodies� efforts to protect and provide for solar access.

����� (3) As used in this section, �solar heating hours� means those hours between three hours before and three hours after the sun is at its highest point above the horizon on December 21. [1981 c.722 �2]

����� 215.046 [1973 c.552 �11; repealed by 1977 c.766 �16]

����� 215.047 Effect of comprehensive plan and land use regulations on solar access ordinances. Solar access ordinances shall not be in conflict with acknowledged comprehensive plans and land use regulations. [1981 c.722 �3]

����� 215.050 Comprehensive planning, zoning and subdivision ordinances; copies available. (1) Except as provided in ORS