Statewide land use laws date back to the 1970’s and Governor Tom McCall. Though a life-long Oregonian, I didn’t pay much attention to zoning until my first two jobs out of college gave me an in-depth education on the topic. One was in the private sector assisting a local land use planning consultant while the other was in the public sector with the State Department of Land Conservation analyzing claims under the newly passed Measures 37 and 49 respectively. If you are one of the few who find this kind of thing interesting, I’d love to share more! For the rest of you, I’ll keep it short and sweet.
Each specific zoning regulation limits the type of use and development allowed in accordance with an overall comprehensive plan. There are different zoning codes covering various categories. Examples include agriculture uses such as farm and forest, residential uses such as single family and multi-family, industrial sometimes with light and heavy versions, and general commercial often allowing for some mix of office and retail. Every local jurisdiction can use different names and nuance out the types of uses allowed (i.e. light industrial, rural residential, or central business district). Each zone typically has a list of out-right permitted uses which will be allowed with only minor review, conditional uses that may or may not be possible but require additional review plus often neighbor engagement, and uses that are clearly not permitted.
Because the multiple categories of commercial real estate cover a wide variety of uses, it is critical to consider the applicable zoning code(s) during your initial property search and take steps to confirm your intended use will be allowed as part of due diligence. In my role as your real estate broker, I cannot ethically or legally be your source of expertise in this area. What I can do is use my knowledge and experience to assist with the initial sorting of properties worth considering and then help to connect you with the experts on whom you can rely. This will typically be the local government planning department but can also include land use lawyers, architects and engineers, as well as planning consultants when appropriate.
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