(2)(a) In addition to the requirements of subsection (1) of this section, the 120-day period established under subsection (1) of this section shall not begin until the applicant requests in writing that the city proceed with the application on remand, but if the city does not receive the request within 180 days of the effective date of the final order or the final resolution of the judicial review, the city shall deem the application terminated.
(b) The 120-day period established under subsection (1) of this section may be extended for up to an additional 365 days if the parties enter into mediation as provided by ORS 197.860 prior to the expiration of the initial 120-day period. The city shall deem the application terminated if the matter is not resolved through mediation prior to the expiration of the 365-day extension.
(3) The 120-day period established under subsection (1) of this section applies only to decisions wholly within the authority and control of the governing body of the city.
(4) Subsection (1) of this section does not apply to a remand proceeding concerning a decision of the city making a change to an acknowledged comprehensive plan or a land use regulation that is submitted to the Director of the Department of Land Conservation and Development under ORS 197.610. [1999 c.545 §5; 2011 c.280 §13; 2015 c.522 §3]
Structure 2021 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 227 - City Planning and Zoning
Section 227.020 - Authority to create planning commission.
Section 227.090 - Powers and duties of commission.
Section 227.160 - Definitions for ORS 227.160 to 227.186.
Section 227.170 - Hearing procedure; rules.
Section 227.172 - Siting casino in incorporated city.
Section 227.180 - Review of action on permit application; fees.
Section 227.181 - Final action required within 120 days following remand of land use decision.
Section 227.188 - Amendments to city comprehensive plan map.
Section 227.190 - Solar access ordinances; purpose; standards.
Section 227.215 - Regulation of development.
Section 227.283 - Regulations applicable to resumption of nonconforming uses.
Section 227.290 - Building setback lines established by city council; criteria.
Section 227.320 - City program for demolition of residences or residential buildings.
Section 227.350 - Notice of proposed wetlands development; exception; approval by city.
Section 227.400 - Truck routes; procedures for establishment or revision; notice; hearing.
Section 227.450 - Recycling containers; recommendations for new construction.
Section 227.455 - Clustered mailboxes in city streets and rights-of-way.
Section 227.505 - Solar energy systems on residential and commercial structures.