ORS 197A.325
Review of final decision of city

  • rules

(1)

Notwithstanding ORS 197.626 (Submission of land use decisions that expand urban growth boundary or designate urban or rural reserves), when a city evaluates or amends the urban growth boundary of the city pursuant to ORS 197A.310 (Cities with population of less than 10,000) or 197A.312 (Cities with population of 10,000 or more), the Land Use Board of Appeals has jurisdiction for review of a final decision of the city.

(2)

The board shall review the final decision of the city under ORS 197A.300 (Definitions for ORS 197A.300 to 197A.325) to 197A.325 (Review of final decision of city) as provided in ORS 197.805 (Policy on review of land use decisions) to 197.855 (Deadline for final court order), except that:

(a)

In circumstances in which the Land Conservation and Development Commission has specified by rule a number or a range of numbers that the city may use:

(A)

The city is not required to adopt findings to support the use of the number or a number within the range of numbers; and

(B)

The board’s review of the number may determine only that the city has used a number that is allowed by the rule.

(b)

The board shall affirm an interpretation by a local government of its comprehensive plan or land use regulations unless that interpretation is clearly erroneous.

(3)

Notwithstanding ORS 197.628 (Periodic review) and 197.629 (Schedule for periodic review), when a city evaluates or amends the urban growth boundary of the city pursuant to ORS 197A.310 (Cities with population of less than 10,000) or 197A.312 (Cities with population of 10,000 or more), the city is not required to commence or complete periodic review. The commission shall, by rule, specify alternate means to ensure that the comprehensive plan and land use regulations of the city comply with the statewide land use planning goals and are updated over time to reflect changing conditions and needs. [2013 c.575 §8]
Note: See note under 197A.300 (Definitions for ORS 197A.300 to 197A.325).

Source: Section 197A.325 — Review of final decision of city; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors197A.­html.

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