ORS 227.173¹
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 (Effect of need for certain housing in urban growth areas) 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]

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)

Notes of Decisions

References to applica­tion for permits and zone changes do not prevent use of quasi-judicial pro­ceed­ing in other types of land use decisions. Depart­ment of Transporta­tion v. City of Mosier, 161 Or App 252, 984 P2d 351 (1999)

Law Review Cita­tions

10 WLJ 395 (1974); 68 OLR 1005 (1989)

Chapter 227

Atty. Gen. Opinions

Fasano v. Bd. of County Commrs., applica­tion to city governing bodies and planning com­mis­sions, (1974) Vol 36, p 960

1 Legislative Counsel Committee, CHAPTER 227—City Planning and Zoning, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors227.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 227, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­227ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information