Zoning Attorney in Portland, Oregon

Zoning laws play a significant role in determining where and how businesses can operate within a specific area. Whether you're running a smaller company or a larger corporation that involves high-tech equipment, it's essential to be aware of the regulations that govern your property. 

City or county zoning laws can have a significant impact on your business's plans, especially when it comes to land use and environmental law.

At The Law Office of Frank Hammond LLC, our zoning attorney is here to help you understand the relevant laws and help you work through any challenges you may face. Contact us today if you're ready to discuss your rights and options with a qualified lawyer. Located in Portland, Oregon, we proudly serve clients throughout the state, including Eugene, Salem, Astoria, Newport, Bandon, Medford, Bend, and beyond. 

Understanding Zoning

Zoning is a system employed by city or county governments that aims to regulate land use by designating specific areas within which certain land uses and development are permitted or prohibited. These zones can include residential, commercial, industrial, and agricultural areas, among others.  

The purpose of zoning is to ensure orderly growth and development, minimize conflicts between different land uses, and protect public health, safety, and welfare. Zoning laws also establish regulations for building heights, lot sizes, setbacks, density, and the use of buildings. They can also address aesthetic concerns, such as architectural design and landscaping requirements.  

Types of Zoning Cases We Handle

At The Law Office of Frank Hammond LLC, we are skilled in handling various land use cases for our clients. With over thirty years of experience, our attorney has extensive knowledge of zoning regulations in Portland and throughout Oregon. Some of the types of zoning cases we handle include: 

• Zoning permits: We help our clients apply for and obtain permits for new construction, renovations, or changes of use. 

• Zoning violations: If your business is facing a potential violation, our attorney can help you take informed actions to ensure compliance with local and state laws. 

• Zoning changes: We assist our clients in obtaining approvals for changes to zoning maps or ordinances that may be necessary for their business operations. 

• Conditional use permits: For businesses seeking to operate in areas where their use is not typically allowed, they must obtain a conditional use permit. Our attorney can guide you through the application and approval process. 

• Building permits: We also help our clients with obtaining building permits, which are necessary before making any structural changes or beginning new construction projects. 

Overview of Oregon Zoning Laws 

Oregon is known for its comprehensive approach to land use planning, which is governed primarily by the Oregon Department of Land Conservation and Development (DLCD). This state agency develops and enforces land use regulations statewide. The specific laws related to zoning and land use are detailed in the Oregon Revised Statutes (ORS). 

Oregon Revised Statutes (ORS) 197 & 215 

Primarily outlined in Chapter 197, some of the notable sections of the Oregon Revised Statues regarding zoning and land use include: 

• ORS 197.175: Requires every city and county in Oregon to prepare comprehensive plans and adopt zoning, subdivision, and other ordinances or regulations as necessary to implement those plans. 

• ORS 197.835: Outlines the process for appealing local land use decisions to the Land Use Board of Appeals (LUBA). 

• ORS 197.763: Describes the public hearing requirements for land use decisions, ensuring transparency and community involvement. 

Urban Growth Boundaries (UGBs) 

In addition to the ORS, Oregon's zoning and land use regulations also require cities to establish urban growth boundaries (UGBs). UGBs are legally defined borders set around a metropolitan area within which urban development can occur. The purpose of UGBs is to prevent urban sprawl, encourage efficient use of land, and protect rural and resource-rich areas outside the boundary. 

Local Zoning Ordinances 

Local and city governments are responsible for implementing zoning ordinances that are aligned with the state's planning goals. In Portland, Oregon, the zoning code divides the city into zones such as residential (R), commercial (C), employment (E), industrial (I), and mixed use (MU). Each zone has specific regulations on land use, building size, and site layout. 

Zoning FAQ 

How can I obtain a zoning permit? 

To obtain a zoning permit, you will typically need to submit an application to the local zoning authority along with detailed information about the proposed land use or development. This may include site plans, architectural drawings, environmental assessments, and other relevant documentation.  

The application will be reviewed to ensure compliance with zoning regulations, and public hearings may be held to gather community input. Our firm can help guide you through each step of this process and provide you with the tools you need to improve your chances of obtaining the necessary permits. 

What should I do if I receive a zoning violation notice? 

If your business receives a zoning violation notice, it is crucial to understand the nature of the violation. Review the notice and the specific zoning regulations cited. Then, contact an experienced zoning attorney to discuss your options for addressing the issue.  

Depending on the situation, you may need to make changes to your operations, apply for a variance or conditional use permit, or challenge the violation. Our attorney can help you file the necessary applications and work toward a resolution. 

Can I appeal a zoning decision?  

Yes, you can appeal a zoning decision to the Land Use Board of Appeals (LUBA), as outlined in ORS 197.835. However, it is crucial to have an experienced attorney by your side to help navigate the often complex appeals process. 

How often do zoning regulations change? 

Zoning regulations can change periodically, depending on the needs and goals of the community. It is essential to stay updated on any changes that may affect your business operations. Our firm can help you monitor zoning developments and assist you with making any necessary adjustments or filing applications for compliance.