433.763
Application for outdoor mass gathering for which county decides land use permit
is required; criteria; procedure.
(1) An application for an outdoor mass gathering for which the county decides
that a land use permit is required, or for any gathering of more than 3,000
persons any part of which is held outdoors and which continues or can
reasonably be expected to continue for a period exceeding that allowable for an
outdoor mass gathering, shall be allowed by a county if:
(a) The applicant
has complied or can comply with the requirements for an outdoor mass gathering
permit set out in ORS 433.750 and 433.755;
(b) Permits
required by the applicable land use regulations have been granted; and
(c) The proposed
gathering:
(A) Is compatible
with existing land uses; and
(B) Does not
materially alter the stability of the overall land use pattern of the area.
(2) A hearings
officer, county planning commission or other person or body that the county
designates may make findings and approve or deny an application for a permit
under this section. A decision granting or denying a permit under this section
may be appealed to the county governing body as provided in ORS 215.402 to
215.438.
(3)
Notwithstanding subsection (1) of this section, a county may not require a
permit under ORS 433.750 for events otherwise permitted under ORS 215.213 (11),
215.283 (4), 215.449, 215.451 or 215.452. [1985 c.758 §7; 2019 c.408 §1a]
Notes of Decisions
Thomas v. Wasco Cnty., 392 P.3d 741 (Or. Ct. App. 2017).
· cites it 5× “ORS 433.763 applies to gatherings that are expected to last longer than gatherings that may be authorized by outdoor-mass-gathering permits.”
Fence v. Jackson Cnty., 900 P.2d 524 (Or. Ct. App. 1995).
· cites it 5× “) “In addition, another provision within the outdoor mass gathering statute, ORS 433.763, provides specific requirements for large gatherings of people that are not covered by the above quoted ORS 433.”
Landsem Farms, LP v. Marion Cnty., 78 P.3d 103 (Or. Ct. App. 2003).
“735(1); ORS 433.763(1). More generally, ORS chapter 197 establishes Oregon’s comprehensive land use regulatory scheme from which ORS 197.”
Scappoose Sand & Gravel, Inc. v. Columbia Cnty., 984 P.2d 876 (Or. Ct. App. 1999).
“Under ORS 433.763, permits for gatherings of more than 120 hours duration are to be issued by county planning commissions, upon determinations, inter alia, that the proposed gathering ‘[i]s compatible with existing land uses’ and ‘[d]oes not materially alter the stability of the…”
Rhodes v. City of Talent, 104 P.3d 1180 (Or. Ct. App. 2005).
“ncerns the adoption, amendment or application of: “(I) The goals; “(ii) A comprehensive plan provision; “(iii) A land use regulation; or “(iv) A new land use regulation; “(B) A final decision or determination of a state agency other than the commission with respect to which the…”
— Or. Rev. Stat. § 433.763(1) — 1 case
Landsem Farms, LP v. Marion Cnty., 78 P.3d 103 (Or. Ct. App. 2003).
“735(1); ORS 433.763(1). More generally, ORS chapter 197 establishes Oregon’s comprehensive land use regulatory scheme from which ORS 197.”
— Or. Rev. Stat. § 433.763(l)(c)(A) — 1 case
Thomas v. Wasco Cnty., 392 P.3d 741 (Or. Ct. App. 2017).
“ORS 433.763 applies to gatherings that are expected to last longer than gatherings that may be authorized by outdoor-mass-gathering permits.”
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