Chapter 648 Oregon Laws 1999
Session Law
AN ACT
SB 461
Relating to dismissal of
claims alleging violation of section 18, Article I, Oregon Constitution.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2 of this 1999 Act is added to and
made a part of ORS 215.402 to 215.438.
SECTION 2. (1) A person whose application for a permit
is denied by the governing body of a county or its designee under ORS 215.428
may submit to the county a supplemental application for any or all other uses
allowed under the county's comprehensive plan and land use regulations in the
zone that was the subject of the denied application.
(2) The governing body of a
county or its designee shall take final action on a supplemental application
submitted under this section, including resolution of all appeals, within 240
days after the application is deemed complete. Except that 240 days shall
substitute for 120 days, all other applicable provisions of ORS 215.428 shall
apply to a supplemental application submitted under this section.
(3) A supplemental
application submitted under this section shall include a request for any
rezoning or zoning variance that may be required to issue a permit under the
county's comprehensive plan and land use regulations.
(4) The governing body of
the county or its designee shall adopt specific findings describing the reasons
for approving or denying:
(a) A use for which approval
is sought under this section; and
(b) A rezoning or variance
requested in the application.
SECTION 2a.
If Senate Bill 628 becomes law, section 2 of this 1999 Act is amended to read:
Sec. 2. (1) A person
whose application for a permit is denied by the governing body of a county or
its designee under ORS 215.428 may submit to the county a supplemental application
for any or all other uses allowed under the county's comprehensive plan and
land use regulations in the zone that was the subject of the denied
application.
(2) The governing body of a county or its designee shall take
final action on a supplemental application submitted under this section,
including resolution of all appeals, within 240 days after the application is
deemed complete. Except that 240 days shall substitute for 120 days or 150 days, as appropriate, all other
applicable provisions of ORS 215.428 shall apply to a supplemental application
submitted under this section.
(3) A supplemental application submitted under this section
shall include a request for any rezoning or zoning variance that may be
required to issue a permit under the county's comprehensive plan and land use
regulations.
(4) The governing body of the county or its designee shall
adopt specific findings describing the reasons for approving or denying:
(a) A use for which approval is sought under this section; and
(b) A rezoning or variance requested in the application.
SECTION 3. Section 4 of this 1999 Act is added to and
made a part of ORS 227.160 to 227.185.
SECTION 4. (1) A person whose application for a permit
is denied by the governing body of a city or its designee under ORS 227.178 may
submit to the city a supplemental application for any or all other uses allowed
under the city's comprehensive plan and land use regulations in the zone that
was the subject of the denied application.
(2) The governing body of a
city or its designee shall take final action on a supplemental application
submitted under this section, including resolution of all appeals, within 240
days after the application is deemed complete. Except that 240 days shall
substitute for 120 days, all other applicable provisions of ORS 227.178 shall
apply to a supplemental application submitted under this section.
(3) A supplemental
application submitted under this section shall include a request for any
rezoning or zoning variance that may be required to issue a permit under the
city's comprehensive plan and land use regulations.
(4) The governing body of a
city or its designee shall adopt specific findings describing the reasons for
approving or denying:
(a) A use for which approval
is sought under this section; and
(b) A rezoning or variance
requested in the application.
SECTION 5. The Legislative Assembly declares that it
is in the interest of the citizens of this state that a process be established
to allow the efficient resolution of all legal issues surrounding the
permissible use of private land, including questions regarding the dismissal of
appeals under the legal doctrine known as ripeness. It is in this interest that
the Legislative Assembly enacts sections 2 and 4 of this 1999 Act.
Approved by the Governor
July 13, 1999
Filed in the office of
Secretary of State July 13, 1999
Effective date October 23,
1999
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