ORS 227.173
Basis for decision on permit application or expedited land division

  • statement of reasons for approval or denial

(1)

Approval or denial of a discretionary permit application shall be based on standards and criteria, which shall be set forth in the development ordinance and which shall relate approval or denial of a discretionary permit application to the development ordinance and to the comprehensive plan for the area in which the development would occur and to the development ordinance and comprehensive plan for the city as a whole.

(2)

When an ordinance establishing approval standards is required under ORS 197.307 (Needed housing policy) to provide only clear and objective standards, the standards must be clear and objective on the face of the ordinance.

(3)

Approval or denial of a permit application or expedited land division 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.

(4)

Written notice of the approval or denial shall be given to all parties to the proceeding. [1977 c.654 §5; 1979 c.772 §10b; 1991 c.817 §16; 1995 c.595 §29; 1997 c.844 §6; 1999 c.357 §3]

Source: Section 227.173 — Basis for decision on permit application or expedited land division; statement of reasons for approval or denial, https://www.­oregonlegislature.­gov/bills_laws/ors/ors227.­html.

Notes of Decisions

City satisfied requirement of this section that development ordinances set forth reasonably clear standards for discretionary permit applications when, under several ordinances, applicants were required to demonstrate that conditional land use was essential to functioning of residential neighborhood and degree to which use met public need. Lee v. City of Portland, 57 Or App 798, 646 P2d 662 (1982)

Standards under this provision need only be clear enough for applicant to know what applicant must show during application process. Oswego Properties, Inc. v. City of Lake Oswego, 108 Or App 113, 814 P2d 539 (1991)

Cities may identify standards and criteria applicable to particular permits by interpreting general provisions set forth in land use legislation where standards and criteria reasonably follow from general provisions. BCT Partnership v. City of Portland, 130 Or App 271, 881 P2d 176 (1994)

227.010
Definition for ORS 227.030 to 227.300 227.020
Authority to create planning commission 227.030
Membership 227.090
Powers and duties of commission 227.095
Definitions for ORS 227.100 and 227.110 227.100
Submission of plats for subdivisions and plans for street alterations and public buildings to commission 227.110
City approval prior to recording of subdivision plats and plats or deeds dedicating land to public use within six miles of city 227.120
Procedure and approval for renaming streets 227.160
Definitions for ORS 227.160 to 227.186 227.165
Planning and zoning hearings officers 227.170
Hearing procedure 227.172
Siting casino in incorporated city 227.173
Basis for decision on permit application or expedited land division 227.175
Application for permit or zone change 227.178
Final action on certain applications required within 120 days 227.179
Petition for writ of mandamus authorized when city fails to take final action on land use application within 120 days 227.180
Review of action on permit application 227.181
Final action required within 120 days following remand of land use decision 227.182
Petition for writ of mandamus authorized when city fails to take final action within 120 days of remand of land use decision 227.184
Supplemental application for remaining permitted uses following denial of initial application 227.185
Transmission tower 227.186
Notice to property owners of hearing on certain zone change 227.187
Public sale of copies of city comprehensive plan and land use regulations 227.188
Amendments to city comprehensive plan map 227.190
Solar access ordinances 227.195
Effect of land use regulations and comprehensive plans 227.215
Regulation of development 227.280
Enforcement of development legislation 227.283
Regulations applicable to resumption of nonconforming uses 227.286
Regulations applicable to public property 227.290
Building setback lines established by city council 227.300
Use of eminent domain power to establish setback lines 227.320
City program for demolition of residences or residential buildings 227.350
Notice of proposed wetlands development 227.400
Truck routes 227.450
Recycling containers 227.455
Clustered mailboxes in city streets and rights-of-way 227.500
Use of real property for religious activity 227.505
Solar energy systems on residential and commercial structures 227.600
Land use approval preapplication review
Green check means up to date. Up to date

Current through early 2024

§ 227.173’s source at oregon​.gov