70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session
Enrolled
Senate Bill 461
Sponsored by COMMITTEE ON WATER AND LAND USE (at the request of
Senator Gary George)
CHAPTER ................
AN ACT
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
Enrolled Senate Bill 461 (SB 461-B) Page 1
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. + }
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Enrolled Senate Bill 461 (SB 461-B) Page 2
Passed by Senate May 25, 1999
Repassed by Senate June 25, 1999
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 23, 1999
...........................................................
Speaker of House
Enrolled Senate Bill 461 (SB 461-B) Page 3
Received by Governor:
......M.,............., 1999
Approved:
......M.,............., 1999
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 1999
...........................................................
Secretary of State
Enrolled Senate Bill 461 (SB 461-B) Page 4