Current through Register Vol. 63, No. 9, September 1, 2024
(1) For the purpose of this division, the
definitions in ORS 197.015 apply. In addition, the
following definitions apply:
(a) "A change" to
an acknowledged comprehensive plan or land use regulation means an amendment to
the plan or implementing land use regulations, including an amendment to the
plan text or map. This term includes additions and deletions to the
acknowledged plan or regulations, the adoption of a new plan or regulation, or
the repeal of an acknowledged plan or regulation.
(b) "Date of Decision" means the date on
which the local government adopts the change.
(c) "Date of Mailing" means the date the
documents are postmarked or the date of U.S. Postal Service proof of
mailing.
(d) "Decision" means a
local government adoption of a change to a comprehensive plan or land use
regulation. Except where adoption is required by ORS
197.646 for new statutes or
rules, a local government denial of a proposed change shall not be considered a
"Decision" for purposes of notices of adoption otherwise required by this
division.
(e) "Final Evidentiary
Hearing" means the last hearing where all interested persons are allowed to
present evidence and rebut testimony on a proposal to adopt a change to a
comprehensive plan or land use regulation. A hearing held solely on the record
of a previous hearing held by the governing body or its designated hearing body
is not a "final evidentiary hearing."
(f) "First Evidentiary Hearing" means the
first hearing conducted by the local government where interested persons are
allowed to present and rebut evidence and testimony on a proposal to adopt a
change to a comprehensive plan or land use regulation. "First evidentiary
hearing" does not include a work session or briefing where public testimony is
not allowed.
(g) "Map Change" means
a change in the designation or boundary of an area as shown on the
comprehensive plan map, zoning map or both, including an area added to or
removed from a comprehensive plan or zoning map.
(2) Computation of time: for purposes of this
division, the time within which a particular act must be done, such as "35 days
before," is computed as follows. The first day of the designated period to
complete the task, notice, objection or appeal shall not be counted. The last
day of the period shall be counted unless it is a Saturday, Sunday or legal
holiday under ORS 187.010 or
187.020. In that event the
period shall run until the end of the next day that is not a Saturday, Sunday
or legal holiday.
Stat. Auth.: ORS
197.040
Stats. Implemented: ORS
187.010,
187.020,
197.610-197.625
