Comprehensive Land Use Planning I
Limited land use decision
(1)A limited land use decision shall be consistent with applicable provisions of city or county comprehensive plans and land use regulations. Such a decision may include conditions authorized by law. Within two years of September 29, 1991, cities and counties shall incorporate all comprehensive plan standards applicable to limited land use decisions into their land use regulations. A decision to incorporate all, some, or none of the applicable comprehensive plan standards into land use regulations shall be undertaken as a post-acknowledgment amendment under ORS 197.610 (Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development) to 197.625 (Acknowledgment of comprehensive plan or land use regulation changes). If a city or county does not incorporate its comprehensive plan provisions into its land use regulations, the comprehensive plan provisions may not be used as a basis for a decision by the city or county or on appeal from that decision.
(2)A limited land use decision is not subject to the requirements of ORS 197.797 (Local quasi-judicial land use hearings).
(3)A limited land use decision is subject to the requirements of paragraphs (a) to (c) of this subsection.
(a)In making a limited land use decision, the local government shall follow the applicable procedures contained within its acknowledged comprehensive plan and land use regulations and other applicable legal requirements.
(b)For limited land use decisions, the local government shall provide written notice to owners of property within 100 feet of the entire contiguous site for which the application is made. The list shall be compiled from the most recent property tax assessment roll. For purposes of review, this requirement shall be deemed met when the local government can provide an affidavit or other certification that such notice was given. Notice shall also be provided to any neighborhood or community organization recognized by the governing body and whose boundaries include the site.
(c)The notice and procedures used by local government shall:
(A)Provide a 14-day period for submission of written comments prior to the decision;
(B)State that issues which may provide the basis for an appeal to the Land Use Board of Appeals shall be raised in writing prior to the expiration of the comment period. Issues shall be raised with sufficient specificity to enable the decision maker to respond to the issue;
(C)List, by commonly used citation, the applicable criteria for the decision;
(D)Set forth the street address or other easily understood geographical reference to the subject property;
(E)State the place, date and time that comments are due;
(F)State that copies of all evidence relied upon by the applicant are available for review, and that copies can be obtained at cost;
(G)Include the name and phone number of a local government contact person;
(H)Provide notice of the decision to the applicant and any person who submits comments under subparagraph (A) of this paragraph. The notice of decision must include an explanation of appeal rights; and
(I)Briefly summarize the local decision making process for the limited land use decision being made.
(4)Approval or denial of a limited land use decision shall be based upon and accompanied by a brief statement that explains the criteria and standards considered relevant to the decision, states the facts relied upon in rendering the decision and explains the justification for the decision based on the criteria, standards and facts set forth.
(5)A local government may provide for a hearing before the local government on appeal of a limited land use decision under this section. The hearing may be limited to the record developed pursuant to the initial hearing under subsection (3) of this section or may allow for the introduction of additional testimony or evidence. A hearing on appeal that allows the introduction of additional testimony or evidence shall comply with the requirements of ORS 197.797 (Local quasi-judicial land use hearings). Written notice of the decision rendered on appeal shall be given to all parties who appeared, either orally or in writing, before the hearing. The notice of decision shall include an explanation of the rights of each party to appeal the decision. [1991 c.817 §3; 1995 c.595 §1; 1997 c.844 §1]
Notes of Decisions
For decisions that cannot be based on comprehensive plan provisions, “appeal from that decision” refers to appeals to LUBA or courts from final city or county decision. Holland v. City of Cannon Beach, 142 Or App 5, 920 P2d 562 (1996)
1995 amendment proscribing LUBA consideration of plan provisions not incorporated into local government regulation applies to appeal from local government decision rendered prior to effective date of amendment. Holland v. City of Cannon Beach, 142 Or App 5, 920 P2d 562 (1996)