Oregon Revised Statutes Chapter 227 § 227.175 — Application for permit or zone change; fees; consolidated procedure; hearing;

Application for permit or zone change; fees; consolidated procedure; hearing; approval criteria; decision without hearing. (1) When required or authorized by a city, an owner of land may apply in writing to the hearings officer, or such other person as the city council designates, for a permit or zone change, upon such forms and in such a manner as the city council prescribes. The governing body shall establish fees charged for processing permits at an amount no more than the actual or average cost of providing that service. (2) The governing body of the city shall establish a consolidated procedure by which an applicant may apply at one time for all permits or zone changes needed for a development project. The consolidated procedure is subject to the time limitations set out in ORS 227.178. The consolidated procedure shall be available for use at the option of the applicant no later than the time of the first periodic review of the comprehensive plan and land use regulations. (3) Except as provided in subsection (10) of this section, the hearings officer shall hold at least one public hearing on the application. (4)(a) A city may not approve an application unless the proposed development of land would be in compliance with the comprehensive plan for the city and other applicable land use regulation or ordinance provisions, including an ordinance described in ORS 197A.400 (1)(b)(C). The approval may include such conditions as are authorized by ORS 227.215 or any city legislation. (b)(A) A city may not deny an application for a housing development located within the urban growth boundary if the development complies with clear and objective standards, including clear and objective design standards contained in the city comprehensive plan or land use regulations. (B) This paragraph does not apply to: (i) Applications or permits for residential development in areas described in ORS 197A.400 (2); or (ii) Applications or permits reviewed under an alternative approval process adopted under ORS 197A.400 (3). (c) A city may not condition an application for a housing development on a reduction in density if: (A) The density applied for is at or below the authorized density level under the local land use regulations; and (B) At least 75 percent of the floor area applied for is reserved for housing. (d) A city may not condition an application for a housing development on a reduction in height if: (A) The height applied for is at or below the authorized height level under the local land use regulations; (B) At least 75 percent of the floor area applied for is reserved for housing; and (C) Reducing the height has the effect of reducing the authorized density level under local land use regulations. (e) Notwithstanding paragraphs (c) and (d) of this subsection, a city may condition an application for a housing development on a reduction in density or height only if the reduction is necessary to resolve a health, safety or habitability issue or to comply with a protective measure adopted pursuant to a statewide land use planning goal. Notwithstanding ORS 197.350, the city must adopt findings supported by substantial evidence demonstrating the necessity of the reduction. (f) As used in this subsection: (A) “Authorized density level” means the maximum number of lots or dwelling units or the maximum floor area ratio that is permitted under local land use regulations. (B) “Authorized height level” means the maximum height of a structure that is permitted under local land use regulations. (C) “Habitability” means being in compliance with the applicable provisions of the state building code under ORS chapter 455 and the rules adopted thereunder. (5) Hearings under this section may be held only after notice to the applicant and other interested persons and shall otherwise be conducted in conformance with the provisions of ORS 197.797. (6) Notice of a public hearing on a zone use application shall be provided to the owner of an airport, defined by the Oregon Department of Aviation as a “public use airport” if: (a) The name and address of the airport owner has been provided by the Oregon Department of Aviation to the city planning authority; and (b) The property subject to the zone use hearing is: (A) Within 5,000 feet of the side or end of a runway of an airport determined by the Oregon Department of Aviation to be a “visual airport”; or (B) Within 10,000 feet of the side or end of the runway of an airport determined by the Oregon Department of Aviation to be an “instrument airport.” (7) Notwithstanding the provisions of subsection (6) of this section, notice of a zone use hearing need only be provided as set forth in subsection (6) of this section if the permit or zone change would only allow a structure less than 35 feet in height and the property is located outside of the runway “approach surface” as defined by the Oregon Department of Aviation. (8) If an a