Disease and Condition Control

ORS 433.763
Application for outdoor mass gathering for which county decides land use permit is required

  • criteria
  • procedure


(1)

An application for an outdoor mass gathering for which the county decides that a land use permit is required, or for any gathering of more than 3,000 persons any part of which is held outdoors and which continues or can reasonably be expected to continue for a period exceeding that allowable for an outdoor mass gathering, shall be allowed by a county if:

(a)

The applicant has complied or can comply with the requirements for an outdoor mass gathering permit set out in ORS 433.750 (Application for outdoor mass gathering for which county decides land use permit is not required) and 433.755 (Additional information required before permit issued);

(b)

Permits required by the applicable land use regulations have been granted; and

(c)

The proposed gathering:

(A)

Is compatible with existing land uses; and

(B)

Does not materially alter the stability of the overall land use pattern of the area.

(2)

A hearings officer, county planning commission or other person or body that the county designates may make findings and approve or deny an application for a permit under this section. A decision granting or denying a permit under this section may be appealed to the county governing body as provided in ORS 215.402 (Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780) to 215.438 (Transmission towers).

(3)

Notwithstanding subsection (1) of this section, a county may not require a permit under ORS 433.750 (Application for outdoor mass gathering for which county decides land use permit is not required) for events otherwise permitted under ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) (11), 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) (4), 215.449 (Farm brewery), 215.451 (Cider business) or 215.452 (Winery). [1985 c.758 §7; 2019 c.408 §1a]
§§ 433.735 to 433.770

Notes of Decisions

Permit requirement is content-neutral time, manner and place regulation that does not infringe on free speech rights guaranteed by United States Constitution. Southern Oregon Barter Fair v. Jackson County, Oregon, 372 F3d 1128 (9th Cir. 2004)


Source

Last accessed
Jun. 26, 2021