Current through Register Vol. 63, No. 3, March 1, 2024
(1)
Where the appellant contends the land use decision eliminates all economic or
beneficial use of the property, the appellant must meet the requirements for
the Appellant's Brief in Rule 350-060-0080 and the requirements for Special
Review as follows:
(a) Set out the pertinent
portions of the ordinance that apply;
(b) Describe how the ordinance impacts the
use of the property;
(c) Attach
copies of any documents (maps, deeds, easements, etc.) that are relevant;
and
(d) Explain why the requested
use must be allowed to provide economic or beneficial use of the
property.
(2) All other
parties shall have the opportunity to specifically respond to the appellant's
submittal under this section in their briefs and the Executive Director or his
or her designee shall also respond.
(3) The Commission, in its "Final Opinion and
Order", shall
(a) Address the subject of
economic or beneficial use in its findings of fact and conclusions.
(b) Specify the factual and/or legal
principles relied on in support of the decision.
(c) Where appropriate, propose options for
use for the property owner, or other options available to the appellant
consistent with the ordinance.
(d)
Where the Commission finds that enforcement of the land use ordinance will
deprive the landowner of all economic or beneficial use of the property, the
Commission shall remand the matter to the county for the county to allow a use
as provided for by the order of the Commission. The economic or beneficial use
allowed shall be the use that on balance best protects the affected resources.
This section applies:
(A) If the Forest
Service or the federal government does not provide just compensation for a
Special Management Area designation it made; or
(B) For a General Management Area designation
made by the Gorge Commission.
Stat. Auth.: ORS
196.150
Stats. Implemented: Stats. Implemented: ORS
196.150; RCW 43.97.015; 16
U.S.C. § 544 c(b); 16 U.S.C. § 544
m(a)(2)
