CHAPTER 11.05 PLANNING AUTHORITY

General Provisions

11.05.010. Definitions.

As used in this chapter, unless the context requires otherwise:

  1. Board means board of county commissioners of Multnomah County, Oregon.

  2. Commission means the planning commission established under this chapter.

  3. Comprehensive plan or plan shall have the meaning set forth in subsection (4) of ORS 197.015; shall be directed to the elements listed in the statewide use planning goals opted pursuant to ORS 197.240; shall include framework, development and operational plans based on an inventory and cultural data; shall be prepared under the supervision of the director of planning and development and may include maps, a text, or both.

[Ord. 133 § II(1.00) (1976)]

11.05.015. Policy and purpose.

  1. The board of county commissioners of Multnomah County, Oregon, recognized that planning for county and community development is vital to:

    1. Protect the citizenry from fire, flood, pollution and other health or safety hazards;

    2. Prevent overcrowding and inefficient use of land;

    3. Safeguard natural resources;

    4. Provide communities and neighborhoods with a variety of living choices, adequate housing, amenities, stores, schools, parks and other public and private facilities;

    5. Provide a transportation system meeting the needs of all citizens;

    6. Provide for the location of industry and the creation of new and varied employment opportunities; and

    7. Provide a framework and process in which decisions by individuals and governmental agencies can be coordinated and made in the best interests of the general public.

  2. Therefore, in accordance with "ORS chapter 197 and 215 and the county charter, the board has determined that all decisions made by Multnomah County with respect to county development shall be predicated upon a comprehensive plan adopted and revised in the manner described in this chapter.

[Ord.133 § I (1976)]

PLANNING COMMISSION

11.05.020. Planning commission established.

The planning commission is designated as the land use planning advisory body to the board and shall have the powers and duties described in this chapter and such other powers and duties as may be imposed on it by state, federal or local law, rule or regulation.

[Ord. 133 § II(1.10) (1976)]

11.05.030. Membership of commission.

  1. The commission shall consist of nine members, who shall be appointed pursuant to law and the charter of Multnomah County to fill designated positions numbered 1 through 9.

  2. Members of the commission shall be residents of the various geographic areas of the county and shall serve without compensation, except for reimbursement for duly authorized expenses.

  3. A member who ceases to be a resident of Multnomah County shall then cease to be a member of the commission.

  4. No more than two members of the commission shall be engaged principally, whatever be the form of doing business, in the buying, selling or developing of real estate for profit. No one than two members shall be engaged in the same kind of business, trade or profession.

[Ord. 133 § II(1.11) (1976)]

11.05.040. Terms of office of commission members.

  1. Terms of office of commission members shall be four years, but any term shall continue until a successor is appointed.

  2. The terms of the commission members serving on November 18, 1976, shall expire on the following years:

    Position No. Expiration
    1 1978
    2 1977
    3 1979
    4 1979
    5 1980
    6 1980
    7 1977
    8 1980
    9 1980

  3. No commission member shall serve more than two consecutive terms excluding completion of an unexpired term, but including any full terms being served on November 18, 1976, unless otherwise provided by unanimous concurrence of the board.

[Ord. 133 §II(1.12) (1976)]

11.05.050. Vacancies and removal of commission members.

  1. Upon resignation, permanent disqualification or removal of any member of the commission, the chairman of the board shall, pursuant to the county charter, appoint a successor to fill the remainder of the term.

  2. After hearing, the board may remove any member for cause, which may include misconduct or nonperformance of duty.

  3. The absence of any member from three consecutive regular meetings shall be considered a resignation, which shall be presented by the chairperson of the commission at the next regular board meeting for acceptance or rejection by the board.

[Ord. 133 § II(1.13) (1976)]

11.05.060. Officers.

The commission shall, at or before its first meeting in April each year, elect and install a chairperson and vice-chairperson. The commission may elect one of its members to serve as second vice-chairperson.

[Ord. 133 § II(1.14) (1976)]

11.05.070. Committees.

The chairperson of the commission shall appoint advisory and other subcommittees as considered appropriate or as directed by the commission or the board. The director of planning and development and persons designated by the director shall serve as staff for the commission and its committees and shall provide such administrative and technical assistance as may be required.

[Ord. 133 §II(1.15) (1976)]

11.05.080. Rules of procedures; conflict of interest.

  1. The conduct of hearings of the commission shall be according to rules of procedure adopted by the commission and filed with the clerk of the board. They shall be effective 15 days after filing unless modified by the board.

  2. The staff of the planning and development division shall be responsible for keeping an accurate and permanent record of all proceedings before the commission.

  3. A verbatim recording shall be made of the proceedings before the commission.

  4. Five members of the commission shall constitute a quorum for the conduct of business; provided, however, that three members shall constitute a quorum when the commission acts as planning and zoning hearings officer, under MCC 11.15.8110 and 11.15.8230.

  5. A member of the commission shall not participate in any commission proceedings in which any of the following has a direct or substantial financial interest: the member, the member's spouse, brother, sister, child, parent, father-in-law, mother-in-law, partner in any business of which the member is or has been a member within the previous two years or in any business with which the member is negotiating or has an arrangement or understanding concerning prospective partnership or employment.

  6. Any actual or potential financial or other interest which could lead to a member's bias or partiality in any action shall be disclosed by the member at the meeting of the commission which the action is considered.

[Ord. 133 § II (1.16) (1976); Ord. 351 § 2 (1982)]

11.05.090. Coordination.

  1. The commission shall advise and cooperate with the hearings council and with other planning commissions, hearings officers, agencies or bodies within the state, and shall, upon request or on its own initiative, make available advice or reports to the state or federal government or any regional association of governments, city, county, public officer or department on any problem comprehended within its powers and duties.

  2. All county officials, departments and agencies having information, maps and data considered by the commission to be pertinent to its powers and duties shall make that information available for the use of the commission upon request.

[Ord. 133 § II(1.17)(1976)]

11.05.100. Powers and duties of commission.

The commission shall:

  1. Recommend to the board the adoption, revision or repeal of a comprehensive plan or portions thereof;

  2. Report and recommend to the board the adoption, revision, amendment or repeal of zoning, subdivision, and other regulatory ordinances and regulations, intended to carry out part or all of a plan adopted by the board, provided, however, that action proceedings, as defined in MCC 11.15.8205, as amended, shall be within the exclusive jurisdiction of the hearings council, except as otherwise provided in this chapter;

  3. Where appropriate, initiate actions under MCC 11.15.8205, as amended;

  4. On request, provide written advisory opinions to the board and hearings council on the application of the comprehensive plan, zoning ordinance or other matter or regulation within the jurisdiction of the commission to any proposed action before the board or the hearings council;

  5. Recommend to the board the institution of injunction, mandamus, abatement or other appropriate proceedings to prevent, temporarily or permanently enjoin, abate or remove any existing or proposed unlawful location, construction, maintenance, repair, alteration or use of any building or structure or the existing or proposed unlawful subdivision or other unlawful partitioning or use of any land;

  6. Enter upon any land and make examinations and surveys and place and maintain the necessary monuments and markers on the land, as required to perform its functions;

  7. Consult with each advisory committee established under subsection (1) of ORS 215.046 (1975 Replacement Part) in regard to any matter within the powers and duties of the commission; and

  8. Exercise such other powers and perform such other duties as may be given to the commission by federal or state law or by this chapter or other ordinance.

[Ord. 133 § II(1.18) (1976)]

11.05.110. Meetings; notices.

  1. The commission shall hold at least one public meeting each month. Additional meetings and the time and place of all meetings shall be determined by the chairperson of the commission or as requested by a majority of the entire commission.

  2. Before any meeting of the commission for the conduct of business, notice shall be given as required by statute or rule and also in the following manner:

    1. Posting a notice in a conspicuous place in the Multnomah County courthouse not less than ten days prior to the meeting;

    2. Publishing a notice of the date, time, place and agenda of the meeting at least once in a daily newspaper having general circulation in excess of 50,000 in Multnomah County not less than ten days before the meeting; and

    3. Providing such notice and in such other manner as the board or the commission may direct.

  3. Failure to give the notice provided in subsection (B) of this section shall not invalidate any action taken at a meeting.

  4. The commission may continue any proceeding. A proceeding continued to a date certain requires no additional notice unless notice is required by statute, rule, this chapter, some other ordinance or is ordered by the commission.

  5. The commission shall hold a public meeting jointly with the hearings council at least once each four months to consider such matters as the commission or the council may propose. Notice of each joint meeting shall be given as required by statute, rule and MCC 11.15.8120(B)(2).

  6. The chairperson of the commission or the chairperson of the hearing council, or their designated member substitutes, shall preside at alternative joint meetings provided for under subsection (E) of this section.

[Ord. 133 §II(1.19) (1976)]

COMPREHENSIVE PLAN AND LEGISLATIVE REVISIONS

11.05.120. Legislative and quasi-judicial plan revisions and zoning map amendments distinguished.

  1. If the commission determines that a proposed plan revision or zoning map amendment requested in connection with a required plan revision entails a change of policy, or the application of policy to a broad class of properties in a uniform manner, the proposal shall be considered a legislative plan revision or legislative zoning map amendment.

  2. Quasi-judicial zoning map amendments shall be considered by the commission and board as action proceedings in accordance with MCC 11.15.8205 through 11.15.8295.

[Ord. 133 § II(1.21) (1976); Ord. 641 § 2 (1990)]

11.05.130. Consolidation of proceedings.

Where a plan revision is required and, in connection with the same property, an action as defined in MCC 11.15.8205 as amended, or a subdivision or other land division approval, is requested, the matters shall be consolidated in one proceeding and heard by the commission.

[Ord. 133 § II(1.22) (1976)]

11.05.140. Revision of plan.

  1. Any revision of any adopted plan may be initiated by:

    1. Order of the board;

    2. Resolution of a majority of the entire commission; or

    3. Application of a record owner of property, which is the subject of the revision, as determined by the records of the department of general services, or the authorized agent of the record owner.

  2. A plan revision initiated under subsection (A) of this section shall be filed with the director of planning and development on forms provided by the director. Proposed plan revisions shall not be processed unless all the information requested is provided and any required fee is paid.

[Ord. 133 § II(1.23) (1976)]

11.05.150. Pre-application conference; written summary.

  1. Prior to filing any plan revision under subsection (B) of MCC 11.05.140, an applicant or applicant's representative shall meet with the director of planning and development or the director's designee in a conference to discuss the plan revision proposed and the requisites of formal application.

  2. A written summary of the matters discussed in the preapplication conference shall be mailed to the applicant within five business days after the conference.

[Ord. 133 § II(1.24) (1976)]

11.05.160. Staff reports required.

  1. No proposed plan revision shall be heard by the commission unless a staff report is completed and available at the office of the director of planning and development at least five calendar days prior to the date fixed for hearing. A copy of the report shall be mailed to the person initiating the revision and to the commission. In addition, a copy shall be furnished to any other person who requests the same upon payment of the appropriate fee. The staff report may be supplemented only at the hearing. [Amended 2000, Ord. 944 § 1]

  2. In the event the chairperson of the commission determines that a staff report was not completed and available under subsection (A) of this section, the matter shall be continued to the next regular meeting of the commission.

[Ord. 133 § II(1.25) (1976)]

11.05.170. Hearing on plan or revision.

  1. The commission shall conduct at least one public hearing on a proposed comprehensive plan or any proposed revision of an adopted plan.

  2. A proposed comprehensive plan or proposed revision of an adopted plan shall be on file with the director of planning and development for public inspection at least ten calendar days prior to a public hearing on it.

[Ord. 133 § II(1.25) (1976)]

11.05.180. Standards for plan and revisions.

A plan adopted or revised under this chapter shall comply with ORS 197.175(2)(a), 197.610 through 197.625, and 197.732 if a goal exception is required, including any OAR's adopted pursuant to these statutes.

[Ord. 133 § II(1.27) (1976); Ord. 641 § 2 (1990)]

11.05.190. Vote requirements for plan or revisions.

  1. The commission may recommend approval of a plan or plan revision, approval with such modifications or conditions as may be necessary to carry out the plan or bring the plan or plan revisions into conformance with the standards set forth in MCC 11.05.180, or denial.

  2. The affirmative vote of at least five members of the commission shall be required for a recommendation for approval of a plan or any revision of an adopted plan.

  3. XIn the event the votes cast for approval are insufficient for a recommendation for approval pursuant to subsection (B) of this section, the proposed plan or plan revision shall be considered denied.

[Ord. 133 § II (1.28) (1976)]

11.05.200. Notice of hearing on plan or legislative revision.

Notice of a commission public hearing on a proposed comprehensive plan or legislative revision of an adopted plan shall describe the location of the property affected and shall include a copy of the proposed plan or revision or shall inform the public where all relevant materials and information may be obtained or reviewed.

[Ord. 133 § II(1.29) (1976)]

11.05.210 Commission action on plan or legislative revision.

  1. Within ten days of determining a recommendation on a proposed comprehensive plan or legislative revision of an adopted plan, the commission shall cause the proposed plan or revision and a resolution of action signed by the presiding officer to be filed with the clerk of the board.

  2. A member of the commission who voted in opposition to a recommendation by the commission on a proposed plan or legislative revision of an adopted plan may file a written statement of opposition with the clerk of the board prior to any board hearing on the plan or revision.

  3. If the commission fails to recommend approval or denial of a proposed plan or legislative revision of an adopted plan within 90 days of its first hearing on that plan or revision, it shall report the failure, together with the proposed plan or revision to the clerk of the board, who shall place the matter on the agenda for the next board meeting on planning and zoning matters for which notice can be given under the charter.

[Ord. 133 § II(1.30) (1976)]

11.05.220. Board hearing on plan or legislative revision.

The board shall conduct at least one public hearing on a comprehensive plan or legislative revision of an adopted plan transmitted to it by the commission under this chapter.

[Ord. 133 § II(1.31) (1976)]

11.05.230. Notice of board hearing; continuance.

  1. Notice of a board hearing on a proposed comprehensive plan or legislative revision of an adopted plan shall be given in accordance with statute, rule and subsection (B) of MCC 11.05.110 and MCC 11.05.200.

  2. The board may continue any proceeding. Unless otherwise provided by the board or required by law, no additional notice shall be given of a continued proceeding if the matter is continued to a time certain.

[Ord. 133 § II(1.32) (1976)]

11.05.240. Board procedures.

A board hearing on a proposed comprehensive plan or legislative revision of an adopted plan shall be in accordance with its rules of procedures.

[Ord. 133 § II (1.33) (1976)]

11.05.250. Board decision on plan or legislative revision.

  1. After public hearing, the board may adopt, adopt with modifications consistent with MCC 11.05.180, reject or remand to the commission for reconsideration and rehearing all or part of a proposed plan or legislative revision of an adopted plan transmitted to it under this chapter.

  2. A board decision adopting a plan or legislative revision of an adopted plan shall be in the form of a board order.

  3. A comprehensive plan or legislative revision of an adopted plan, adopted by the board, shall be signed by the chairman and filed with the clerk of the board within ten days after the board's decision, whereupon it shall be effective.

[Ord. 133 § II(1.34) (1976)]

QUASI-JUDICIAL PLAN REVISIONS

11.05.260. Quasi-judicial plan revision hearing notice.

  1. Notice of a hearing before the commission regarding a proposed quasi-judicial plan revision shall contain the following:

    1. The date, time and place of the hearing;

    2. A legal description of the subject property;

    3. The nature of the proposed revision;

    4. A statement that all interested parties may appear and be heard;

    5. A statement that the hearing shall be held pursuant to the rules of procedure adopted by the commission, and

    6. The names of the members of the commission.

  2. In addition to the notice required by subsection (B) of MCC 11.05.110, and any other notice required by statute or rule, notice shall be mailed at least ten days prior to a quasi-judicial plan revision hearing to the following persons:

    1. The person initiating the revision; and

    2. All record owners of property located within a minimum of 250 feet from the area subject to the proposed revision.

  3. The records of the department of general services shall be used to determine who is entitled to a mailed notice under this section. Persons whose names and addresses are not on record at the time of the filing of the proposed plan revision under subsection (B) of MCC 11.05.140, need not be notified of the hearing. The failure of a property owner to receive notice shall not invalidate the hearing if the owner was entitled to receive notice and if a good faith attempt was made to notify that person.

[Ord. 133 § II(1.34)(1), (2) (1976)]

11.05.270. Notice required on property subject of quasi-judicial plan revision hearing.

In addition to the notice required by subsection (B) of MCC 11.05.260, the person initiating a quasi-judicial plan revision shall, at the person's expense, post signs on the property conspicuously displaying notice of the pending hearing at least ten days prior to the date of the hearing. One sign shall be required for each 300 feet or part thereof of frontage of the subject property on any street. The content, design, size and location of the signs shall be determined by the director of planning and development to assure that the information is legible from the public right-of-way. As a precondition to a hearing , the party shall file an affidavit of the posting with the director of planning and development not less than five days prior to the hearing.

[Ord. 133. § II(1.34)(3) (1976)]

11.05.280. Parties to quasi-judicial plan revision hearing.

  1. The following persons only are parties and shall be entitled either themselves or through their representatives or counsel to make an appearance of record at a hearing on a proposed quasi-judicial plan revision before the commission and to seek review by the board and the courts:

    1. Those persons entitled to mailed notice under (B) of MCC 11.05.260, and

    2. Other persons who demonstrate to the commission, pursuant to its rules of procedure, that the revision may affect some substantial right of those persons.

  2. As used in this section, "appearance of record" means either:

    1. Testimony by a party or the party's counsel or other representative; or

    2. A written statement bearing the name and address of the person making the appearance, signed by the person or the person's counsel, and filed with the director of planning and development at or prior to the hearing.

[Ord. 133 § II(1.36) (1976)]

11.05.290. Burden of proof.

  1. The burden of proof is upon the person initiating a quasi-judicial plan revision. That burden shall be to persuade that the revision is:

    1. Consistent with the procedures of ORS 197.610 through 197.625 and the standards of ORS 197.732 if a goal exception is required, including any OAR's adopted pursuant to these statutes;

    2. Evidence that the proposal conforms to the intent of relevant policies in the comprehensive plan or that the plan policies do not apply. In the case of a land use plan map amendment for a commercial, industrial, or public designation, evidence must also be presented that the plan does not provide adequate areas in appropriate locations for the proposed use; and

    3. Evidence that the uses allowed by the proposed changes will (1) not destabilize the land use pattern in the vicinity, (2) not conflict with existing or planned uses on adjacent lands, and (3) that necessary public services are or will be available to serve allowed uses.

  2. Proof that circumstances in the area affected by the proposed revision have changed since adoption of the plan, or that there was a mistake in the plan, are additional relevant factors which may be considered under subsection (A) of this section.

[Ord. 133 § II(1.37) (1976); Ord. 641 § 2 (1990)]

11.05.300. Findings of fact; conclusions.

  1. The commission shall cause written findings of fact and conclusions, based upon the record, to be filed with a recommendation on a proposed quasi-judicial plan revision under MCC 11.05.310. The findings shall specifically address the relationships between the proposed revisions and the factors listed in MCC 11.05.290, to the extent they form the basis for recommendation, provided, that in the event denial of a proposed revision is recommended, summary findings with reference to those factors may be filed.

  2. A quasi-judicial plan revision considered denied under subsection (C) of MCC 11.05.190 shall be transmitted to the board with summary findings stating that the burden under MCC 11.05.290 has not been carried.

  3. The commission shall announce a recommendation at the close of the hearing.

[Ord. 133 § II(1.38) (1976)]

11.05.310. Notice of recommendations.

  1. Within ten days after a recommendation on a quasi-judicial plan revision is announced, it shall be reduced to writing by the director of planning and development, signed by the chairperson or vice-chairperson of the commission, filed by the director with the clerk of the board and mailed to those persons entitled to mailed notice under subsection (B) of MCC 11.05.260, and to other persons who request the same.

  2. The written recommendation mailed under subsection (A) of this section shall indicate the date on which the recommendation shall be on the board's agenda under subsection (C) of this section.

  3. The clerk of the board shall summarize the commission's written recommendation on the agenda for the next board meeting on planning and zoning matters for which notice can be given under the charter.

[Ord. 133 § II(1.39) (1976)]

11.05.320. Board action on quasi-judicial plan revision.

A recommendation by the commission on a proposed quasi-judicial plan revision shall be adopted by board order at the meeting at which the board's agenda includes a summary of that recommendation under subsection (C) of MCC 11.05.310 unless:

  1. A notice of review from a party is received by the director of planning and development within ten days after the recommendation has been filed with the clerk of the board under subsection (A) of MCC 11.05.310; or

  2. The board, on its own motion, continues consideration of the matter or orders review under MCC 11.05.340.

[Ord. 133 § II(1.40) (1976)]

11.05.330. Notice of review; cost of transcript.

  1. A notice of review shall contain:

    1. An identification of the recommendation sought to be reviewed, including the date of the recommendation;

    2. A statement of the interest of the person filing the notice of the review; and

    3. The specific grounds relied upon for review.

  2. If review by additional testimony and other evidence or de novo review is requested, a statement relating the request to the factors listed in subsections (F) and (G) of MCC 11.05.350, as appropriate, shall be included in the notice of review.

  3. A notice of review shall be accompanied by the required fee. [Amended 2000, Ord. 944 § 2]

  4. Upon receipt of a notice of review, the director of planning and development shall inform the person filing the notice of the estimated cost of a transcript of the commission hearing, which cost shall be paid by the person within ten days of the estimate.

  5. Within ten days after notice from the director of planning and development of completion of a transcript, the party seeking review shall transmit the balance due, if any, of the actual cost of preparing the transcript.

  6. If a party has been overcharged for a transcript under subsection (D) of this section, the over charged amount shall be refunded promptly by the director of planning and development.

  7. Failure to pay the costs under subsections (D) and (E) of this section shall be a jurisdictional defect and shall preclude review by the board.

  8. Notice of review shall be a condition precedent to judicial review of final orders.

[Ord. 133 § II(1.41) (1976)]

11.05.340. Board order for review.

A board order for review of a recommendation by the commission on a proposed quasijudicial plan revision shall be made at the meeting at which the commission's recommendation is on the board's agenda under subsection (C) of MCC 11.05.310, unless specifically continued.

[Ord. 133 § II(1.42) (1976)]

11.05.350. Scope of review; hearing; additional testimony.

  1. The board, upon receipt of a notice of review or upon its own order for review, shall at the appropriate meeting, determine whether review shall be:

    1. On the record;

    2. By additional testimony and other evidence without full de novo review; or

    3. De novo.

  2. Prior to the determination under subsection (A) of this section, the board may require preparation of a transcript of the proceeding below.

  3. The board may conduct a hearing at which the parties shall be afforded an opportunity to appear and present argument on the scope of review. Notice of the hearing shall be mailed to the parties not less than ten days prior to the hearing.

  4. Unless otherwise ordered by the board, review of the commission's recommendation shall be confined to the record of the proceeding below, which shall include:

    1. All materials, pleadings, memoranda, stipulations and motions submitted by any party and received or considered by the commission;

    2. All materials submitted to the commission by the director of planning and development with respect to the proposal;

    3. The transcript of the hearing below; and

    4. The finds, conclusions and recommendation of the commission and the notice of review, when applicable.

  5. Unless otherwise provided by the board, review before the board shall include argument by the parties or their authorized representatives.

  6. The board may admit additional testimony and evidence without holding a de novo hearing if it is satisfied that the additional testimony or evidence could not reasonably have been presented at the commission's hearing. The board may, in making the decision, consider:

    1. Prejudice or surprise to parties;

    2. Convenience or availability of the additional evidence at the time of the initial hearing; and

    3. The competency, relevancy and materiality of the proposed testimony or evidence.

  7. The board may hear the entire matter de novo if the public interest would be served.

  8. As used in this section, "de novo" hearing means a hearing by the board as if the matter were being heard for the first time and as if no recommendation had been made, except that all testimony, evidence and other material received by the commission shall be included in the record.

  9. Review by the board, if upon notice of review by an aggrieved party, shall be limited to the grounds relied upon in the notice of review.

  10. At the meeting at which the scope of review is determined under subsection (A) of this section, the board shall further determine the time and place for the review, which shall not be later than 45 days from the date of the board determination.

[Ord. 133 § II(1.43) (1976)]

11.05.360. Notice of board hearing.

In addition to the notice required by subsection (B) of MCC 11.05.110, any other notice required by statute or rule, notice of a board hearing to review a recommendation by the commission on a quasi-judicial plan revision shall be mailed to the parties, as defined in MCC 11.05.280, at least 10 days prior to the hearing.

[Ord. 133 § II(1.44) (1976)]

11.05.370. Board procedure for review.

Review by the board shall be in accordance with its rules of procedure.

[Ord. 133 § II(1.45) (1976)]

11.05.380. Board decision on quasi-judicial plan revision.

  1. The board may adopt, adopt with modifications or conditions consistent with the plan and MCC 11.05.180, reject, or remand to the commission for reconsideration and rehearing all or part of a recommendation by the commission on a proposed quasi-judicial plan revision.

  2. The board shall announce the decision on a quasi-judicial plan revision at the close of its hearing.

  3. A decision and written findings of fact and conclusions, based upon the record, shall be signed by the chairman of the board and filed with the clerk of the board within ten business days following announcement of the decision under subsection (B) of this section.

  4. The board's decision shall be final at the close of business on the tenth calendar day after the decision, findings of fact and conclusions have been filed under subsection (C) of this section, unless the board on its own motion grants a rehearing under MCC 11.05.390.

[Ord. 133 § II(1.46) (1976)]

11.05.390. Rehearing.

  1. The board may rehear a matter decided under MCC 11.05.380 only on its own motion.

  2. A board motion for rehearing shall be made, if at all, within ten calendar days after the decision, findings of fact and conclusions have been signed and filed with the clerk of the board under subsection (C) of MCC 11.05.380.

  3. At the meeting at which the board determines to grant a rehearing, the board shall determine the scope and set the time and place of the rehearing, which shall not be later than 21 days from the date of the board determination.

  4. If a rehearing is granted, all testimony and evidence received at the previous hearing before the board shall be included in the record, in addition to the record defined in subsection (D) of MCC 11.05.350.

  5. No quasi-judicial plan revision recommendation shall be reheard by the board more than once.

[Ord. 133 § II(1.47) (1976)]

11.05.400. Reapplication.

If a quasi-judicial plan revision application is denied either initially by the board or by action of the courts, no new application for the same or substantially similar revision shall be accepted within six months from the date of the final action denying the application.

[Ord. 133 § II(1.48) (1976)]

MISCELLANEOUS

11.05.410. Fees. [Amended 1997, Ord. 889 § III; Amended 2000, Ord. 944 § 3]

Fees are imposed under this Chapter for the items listed below. The amount of the fees will be set by Board resolution.

  1. Plan revisions. Fees shall be paid by the applicant at the time of filing under subsection (B) of MCC 11.05.140 for:

    1. Legislative plan revisions

    2. Legislative zoning map amendment

    3. Quasi-judicial plan revision

    4. Quasi-judicial plan revision in conjunction with other action as defined under MCC 11.15.8205

      1. The fee for an action, as defined under MCC 11.15.8205, shall be as required under MCC.15.

      2. The fee for a subdivision application shall be as required under MCC 11.45.

  2. Miscellaneous Charges

    1. Notice of Review. A fee will be charged for the filing of a Notice of Review unless the action is in conjunction with another action under MCC 11.15.8205 in which case the fee will be as set out in MCC 11.15. The person filing the notice will pay for the cost of a transcript of the commission hearing under subsections (D) and (E) of MCC 11.05.330.

    2. Staff Reports.

11.05.420 Severability.

If any subsection, subdivision, phrase, clause, sentence or word in this chapter shall for any reason be held invalid or unconstitutional by a court of competent jurisdiction, that holding shall not invalidate the remainder of this chapter, but shall be confined to the subsection, subdivision, clause, sentence or word held invalid or unconstitutional.

[Ord. 133 § II(1.50) (1976)]

[Added, 1985, Ord. 460 §]

STREET NAMING AND PROPERTY NUMBERING

11.05.500. Definitions

  1. Words and their derivations used in this Chapter shall have the meanings given in the Multnomah County Code.

  2. Director means the Director of the Department of Environmental Services or the Director's authorized delegate.

11.505. Policy and Purpose

In order to provide a uniform street naming and property numbering system of benefit to all the citizens of the County, it is the policy of Multnomah County to extend the property numbering system established by the City of Portland to all unincorporated areas, to extend the street naming pattern established by the City of Portland to all urban unincorporated areas inside the Urban Growth Boundary and to retain, restore and extend the historical road-naming system for all rural County areas.

11.05.510. Scope

The provisions of the Chapter shall apply to the naming of streets and the numbering of property in the unincorporated areas of Multnomah County.

11.05.515. Directional Designations, Urban Area

For the purpose of this Chapter, the urban area of Multnomah County is hereby divided into five sections having the directional designations, abbreviations and dividing lines as listed herein,

The name or number of a public or private street within a section shall be preceded by the abbreviated directional designation of that section. The five sections are:

  1. "North," abbreviated "N.," consisting of the areas between N. Williams Avenue and its northerly extension and the Willamette River channel from the Burnside Bridge to the river mouth;

  2. "Northeast," abbreviated "N.E.," consisting of the area east of N. Williams Avenue and its northerly extension and north of E. Burnside Street and its easterly extension;

  3. "Northwest," abbreviated "N.W.," consisting of the area between the Willamette River channel downstream from the Burnside Bridge and W. Burnside Road;

  4. "Southeast," abbreviated "S.E.," consisting of the area south of E. Burnside Street and its easterly extension and east of the Willamette River channel; and

  5. "Southwest," abbreviated "S.W.," consisting of the area west of the Willamette River channel and south of W. Burnside Road.

11.05.520. Street Naming and Property Numbering Grid

A street naming and property numbering grid is hereby established.

  1. The grid shall consist of parallel lines spaced 264 feet apart and centered as follows:

    1. The north-south center gridline shall be N. Williams Avenue and its northerly and southerly extension; and

    2. The east-west center gridline shall be W. Burnside Road and E. Burnside Street and its easterly extension.

  2. For urban area streets there shall be 20 names or numbers provided per mile, centered on the gridlines.

  3. For urban and rural area property numbering there shall be 100 numbers provided between each two gridlines. Except as provided in MCC 11.05.560(B), the numbers shall start with the number "1" at the center gridlines described in subsection (A) of this section, and continue in consecutive hundreds at each gridline.

11.05.525. North-South Street Numbering System, Urban Area

A north-south street number system is hereby established for the urban area.

  1. An urban area street having an alignment generally north and south shall be identified by a number according to the system established in the City of Portland and in practice in unincorporated Multnomah County on the effective date of this Chapter. There shall be 20 numbers per mile which shall increase in magnitude to the east and to the west of the N. Williams Avenue centerline.

  2. A numbered street on or close to a gridline established under MCC 11.05.520 shall be designated 'Avenue."

  3. A numbered street located midway between two gridlines established under MCC 11.05.520 shall be designated "Place" and shall have the lesser number of the two adjacent gridlines.

11.05.530. East-West Street Naming System, Urban Area

An east-west street naming system is hereby established for the urban area.

  1. An urban area street having an alignment generally east and west shall be identified by a name according to the pattern of names established in the City of Portland and in practice in unincorporated Multnomah County on the effective date of this Chapter.

  2. A named street on or close to a gridline established by MCC 11.05.520 shall be designated "Street."

  3. A named street located midway between two gridlines established under MCC 11.05.520 shall be designated "Court" and shall have the same name as that of the preceding street on the gridline nearest to the Burnside center gridline.

11.05.535. Street Naming System, Rural Area

A rural area street naming system is hereby established.

  1. The pattern of street names shown on the January 1, 1984, Assessor's maps is hereby established as the street naming system for the rural area of Multnomah County. Said map is herein incorporated by reference to the same force and effect as if set forth fully herein.

  2. Except as established on the Assessor's maps, or as may be established under MCC 11.05.540(D), a rural area street shall be designated as "Road."

  3. An extension of a rural area street shall continue the name of that street.

  4. The name for a new rural area street shall be designated under the provisions of MCC 11.05.550.

  5. The roads described in Appendix 1 [Appendix A], attached hereto and incorporated herein by reference, have been renamed during the time between the adoption of Ordinance No. 274, and the codification of that ordinance. The renaming of those roads, as described in Appendix 1 [Appendix A], is hereby adopted and ratified.

  6. To the extent feasible, the directional designation grid established in MCC 11.05.515 shall be extended throughout the rural areas of unincorporated Multnomah County.

11.05.540. Other Designations for Streets

The following additional street naming and numbering provisions are hereby established.

  1. A named or numbered urban area street which crosses two or more gridlines of the same direction as the street shall be designated "Drive."

  2. A named or numbered urban area street which forms a loop having two intersections with one other street shall be designated "Circle."

  3. The designation of a street as "Boulevard," "Highway," "Lane," "Parkway," "Road," "Terrace," "Way" or similar term, established prior to the effective date of Chapter, is hereby adopted and shall be continued for any extension of that street.

  4. A designation listed in subsection (C) of this section, or a similar term, may be included in the naming of a new street or the renaming of an existing street under MCC 11.05.350, upon a finding that another designation otherwise authorized by this Chapter is inappropriate to the circumstances or inconsistent with the policy and purpose stated in MCC 11.05.505.

11.05.545. Naming and Numbering of Private Streets

A naming and numbering system for private streets is hereby established.

  1. The name or number of a private street having a length greater than 250 feet shall conform with the naming or numbering system established under MCC 11.05.525 through 11.05.540 as appropriate.

  2. The name or number of a private street having a length of 250 feet or less shall be the same as the name or number of the connecting public street.

11.05.550. Naming of a New Rural Area Street; Renaming of an Existing Urban or Rural Area Street: Procedure

Action to name a new rural area street or to rename an existing urban or rural area street shall be subject to the following:

  1. A proposed naming or renaming shall be initiated by:

    1. Resolution of the Board of County Commissioners;

    2. Resolution of the Planning Commission;

    3. A petition filed with the Director, signed by 20 percent or more of the owners of property abutting an existing street to be renamed,

    4. A petition filed with the Director, signed by the owners of 51 percent or more of the property abutting a new street to be named, and including a name proposed in a land division under MCC Chapter 11.45, or

    5. Administrative order of the Director, Department of Environmental Services.

  2. A copy of the resolution, petition or order shall be filed with the Clerk of the Board.

  3. The Hearings Officer shall conduct a public hearing and make a decision on the proposed naming or renaming.

  4. In addition to the provisions of this section, the provisions of MCC 11.15.8220 through 11.158285, excepting MCC 11.15.8220(C), 11.15.8220(D), and 11.15.8240(F), shall apply in the consideration and action on a naming or renaming proposal.

  5. First class mailed notice of the proposal shall be given at least ten days prior to the hearing to:

    1. The owners of all property abutting on the street,

    2. The rural fire protection district,

    3. The Postmaster having jurisdiction,

    4. The Office of City-County Emergency Communication Service.

  6. Action by the Board of County Commissioners to name or rename a street shall be in the form of an order.

    First class mailed notice of the action shall be given to the parties of the hearing and those listed in subsection (E)of this section.

  7. Criteria for the selection of a rural area street name are:

    1. Factors of historical significance related to persons, circumstances or events,

    2. Factors of geographical significance,

    3. Factors of street location, function or direction,

    4. Common usage of a name for the street or in the area,

    5. Prior use of the name for the street,

    6. Name consistency for a continuous route, and

    7. Nonduplication of another rural area street name.

11.05.555. Street Name Signs

Standards and requirements for street name signs are hereby established.

  1. A street name sign shall have the name of the street as designated under the provisions of this Chapter.

  2. A name sign for a public street shall be designed, installed and maintained in accord with requirements established by the Oregon Department of Transportation.

  3. A private street name sign to be located in the connecting public street right-of-way shall be installed by the County at the expense of the property owner or land division applicant and thereafter shall be maintained by the County.

  4. Exception: Approval of a planned development or other land development program may include alternate provisions for the installation and maintenance of a private street sign.

  5. A private street sign shall be designed and located according to standards approved by the Director.

11.05.560. Numbering of Property, Rural and Urban Areas

The Director shall assign address numbers for buildings or property and shall maintain records thereof according to the following:

  1. One hundred numbers shall be provided between each two gridlines established under MCC 11.05.520. The numbers shall start with the number "1" at the centerlines described in subsections (A) and (B) of that section. The numbers shall continue in consecutive hundreds at each gridline.

  2. Address numbers on east-west streets between the extended alignment of S.W. Viewpoint Terrace and the Willamette River shall be preceded by "0".

  3. Odd numbers shall apply to properties or buildings on the northerly or westerly sides of a public street or a private street greater than 250 feet in length.

  4. Even numbers shall apply to properties or buildings on the southerly or easterly sides of a public street or a private street greater than 250 feet in length.

  5. Numbering of properties or buildings served by a private street having a length of 250 feet or less shall be by consecutive odd or even numbers consistent with those on the same side of the connecting public street.

  6. An address number shall be assigned for each property or building in separate ownership, possession or occupancy.

  7. In the event the building address number sequence exceeds the available numbers, a suffix "A", "B", "C", etc. may be assigned by the Director.

  8. An address number or numbers shall be assigned by the Director in conjunction with the application for a building or land use permit, a land division or upon the written request of the property owner.

11.05.565. Renumbering of Property; Notice

When the Director reassigns a property or building address number, under the provisions of MCC 11.05.560, to a property or building, the following notification is required.

  1. First class mailed notice of an address number reassignment shall be given to the property owner by the Director.

  2. Notice of an address number reassignment shall also be given to:

    1. The rural fire protection district,

    2. The Postmaster having jurisdiction,

    3. The Director, Department of General Services,

    4. The Office of City-County Emergency Communication Service.

11.05.570. Placement of Address Numbers

  1. The property owner or owner's agent shall place the address number assigned by the Director on the building or property at the earliest practical time in one or more of the following locations:

    1. (1)On the building,

    2. On a sign on the property,

    3. On a mailbox adjacent to the street, or

    4. In such other location as to be legible from the street or access drive.

  2. Address numbers shall be permanently affixed, of a size, design and placement as to be legible from the street or access drive serving the property, and shall comply with zoning or other ordinance standards for signs.

  3. Failure to place an assigned address number or the placement of an address number other than one consistent with the provisions of this Chapter shall be deemed a violation.

11.05.575. Administration; Powers of the Director

  1. The Director shall be responsible for the administration and enforcement of this Chapter.

  2. The Director shall have the authority to do the following:

    1. Assign urban area street names according to the provisions of this Chapter,

    2. Determine standards of design and location for private street signs,

    3. Place and maintain street name signs in public street rights-of-way, as described in this Chapter,

    4. Assign property and building address numbers, give notice thereof and keep a record of the number assignment,

    5. Initiate a new street name or the renaming of an existing street under the provisions of MCC 11.550, and

    6. Exercise such other powers as are necessary to carry out the provisions of this Chapter.

 

APPENDIX A

Road Name Changes

East County Road Name Changes

  1. Remove the name Dressel or Dressler Road, east of the south end of S.E. Henkle Road, the new name is S.E. Stevens Road. (Section 4 and 9, TIS, R4E, WM)

  2. N.E. Ogden Road, south of N.E. Marok Road, to E. Woodard Road, is to remain N.E. Ogden Road, but that portion east of N.E. Seidl Road is to be renamed N.E. Lampert Road. (Section 29, 31 and 32, TlN, R4E, WM)

  3. A loop north of E. Crown Point Highway, between N.E. 366th Avenue and N.E. Littlepage Road (signed but not shown on 600 maps), is to be named N.E. Benfield Road. (Section 35, TIN, R4E, WM)

  4. A 20-foot wide dedicated road, 1,800± feet north of N.E. Benfield Road is to be named N.E. Meyers Lane. (Section 26 and 35, TlN, R4E, WM)

  5. S.E. Oxbow Parkway, from S.E. Division Drive to S.E. Wosner Road, is to be renamed S.E. Oxbow Drive. (Section 8, 16 and 17, TlS, R4E, WM)

  6. N.E. Littlepage Road, from E. Crown Point Highway east to N.E. Littlepage Road No. 111, a distance of 1,000± feet is to be renamed N.E. Grange Hall Road. (Section 35, TlN, R4E, WM)

  7. A 30-foot wide easement, extending 1,800± feet south of E. Crown Point Highway, between N.E. 366th Avenue and N.E. Littlepage Road, is to be named N.E. Rohrbach Road. (Section 35, TlN, R4E, WM)

  8. A dedicated road extending 2,150± feet east of N.E. Littlepage Road, and between E. Crown Point Highway and E. Knieriem Road, is to be named N.E. Houston Road. (Section 35, TlN, R4E, WM)

  9. A loop south of S.E. Hurlburt Road, between S.E. Henkle Road and S.E. Evans Road, is to be named S.E. Kimbley Road. (Section 3, TlS, R4E, WM)

  10. A loop north of S.E. Hurlburt Road, between S.E. Henkle Road and S.E. Evans Road, is to be named S.E. Ellis Road. (Section 3, TlS, R4E, WM)

  11. An easement extending 2,600± feet east of N.E. Salzman Road, and situated south of E. Larch Mountain Road, is to be named N.E. Aldermeadows Drive. (Section 36, TlN, R4E, WM; Section 31, TlN, R5E, WM)

  12. The western portion of S.E. Red Elder Drive, from the fork of S.E. Red Elder Drive, approximately 200 feet south of E. Larch Mountain Road, a distance of 1,500± feet southerly to Hemlock Road, is to be named S.E. Hemlock Road. (All contained in the plat of Foothills Ranch, Section 35, TlN, R5E, WM)

  13. That portion of road extending east of the west line of block 3, in the plat of Latourelle Falls, to E. Crown Point Highway, is to be named N.E. Latourelle Road. (Section 29, TlN, R5E, WM)

  14. That portion of County Road extending east of E. Crown Point Highway 6,800± feet to N.E. Alex Barr Road, No. 648, is to be named N.E. Alex Barr Road. (Section 28 and 29, TlN, R5E, WM)

  15. That portion of N.E. Toll Road extending southeasterly from N.E. George Smith Road to N.E. Brower Road is to be renamed N.E. Brower Road. (Section 26 and 27, TlN, R5E, WM)

  16. That portion of N.E. Brower Road east of N.E. Toll Road No. 566 will no longer be named N.E. Brower Road, but is to remain unnamed. (Section 25, 26, 35 and 36, TlN, R5E, WM)

  17. N.E. George Smith Road No. 647, between N.E. Toll Road and N.E. Palmer Mill Road, is to be renamed N.E. Brower Road. (Section 26 and 27, TlN, R5E, WM)

  18. S.E. Strebin Road from S.E. Division Drive 3,800± feet north to S.E. Strebin Road, running east and west, is to be renamed S.E. 287th Avenue. (Section 7, TlS, R4E, WM)

  19. S.E. Strebin Road from S.E. Sweetbriar Road south 2,300± feet to S.E. Strebin Road east, is to be renamed S.E. 282nd Drive. (Section 1, TlS, R3E, WM, and Section 6, TlS, R4E, WM)

  20. S.E. Powell Valley Road, from S.E. Roork Road south to S.E. Orient Drive, is to be renamed S.E. Short Road. (Section 19, TlS, R4E, WM)

  21. S.E. Grace Street from Grace Road south 1,000± feet to Proctor Street is to be renamed S.E. 322nd Avenue. (Section 20, TlS, R4E, WM)

  22. S.E. Mally Court, from S.E. Mally Road to Proctor Street, is to be renamed S.E. 319th Place. (Section 20, TlS, R4E, WM)

  23. S.E. Victory Road, from S.E. Division Drive 1,300± feet south, is to be renamed S.E. 317th Avenue. (Section 8, TlS, R4E, WM)

  24. S.E. Victory Road, from S.E. Oxbow Drive 2,200± feet north, is to be renamed S.E. 322nd Avenue. (Section 8, 9, 16 and 17, TlS, R4E, WM)

  25. S.E. Carpenter Road, from S.E. Bluff Road north 5502 feet to S.E. Miller Road, is to be renamed S.E. 322nd Place. (Section 21, TlS, R4E, WM)

  26. S.E. Anderson Road should not appear on 600 sheet No. 48, or Section 24, TlS, R3E, WM, except as a former road. The correct designation is S.E. 267th Avenue.

  27. Show N.E. Clara Smith Road (east of N.E. Corbett Hill Road to dead end) on 600 maps. (Section 26, TlN, R4E, WM)

  28. Show S.E. Wilson Road, south of S.E. Kerslake Road, on 600 maps and section maps. (Section 6, TlS, R4E, WM)

  29. Blue Lake Road from N.E. Sandy Boulevard northerly to N.E. 223rd Avenue County Road NO. 3404 to be named N.E. 223rd Avenue. (Section 22 and 27, TlN, R3E, WM)

  30. Correct spelling of Hague Mill Road to S.E. Hogg Mill Road. Recorded spelling letter to Board, January 6, 1950. (Section 20, TlS, R5E, WM)

  31. Correct spelling of Johannssen Road to S.E. Johannesen Road. (Section 19, TlS, R5E, WM)

  32. The roads listed below should be identified as follows:

    1. E. Bell Road.

    2. E. Crown Point Highway.

    3. E. Knieriem Road.

    4. E. Larch Mountain Road.

    5. E. Woodard Road.

    6. E. Haines Road.

  33. A road as shown in the original plat of Corbett, running south approximately 1,680 feet from the junction with N.E. Corbett Hill Road, is to be named N.E. Rasmussen Road. (Section 27, TlN, R4E, WM)

  34. A road from E. Crown Point Highway beginning in Section 22, TlN, R5E, WM and running southwesterly approximately 8,000 feet to N.E. Alex Barr Road in Section 28, TlN, R5E, WM is to be named N.E. Henderson Road. (Includes Section 21, TlN, R5E, WM)

  35. All other roads situated north of the easterly projection of E. Burnside and east of N. Williams Avenue shall have the road name or number designation preceded by "N.E."

  36. All other roads situated south of the easterly projection of E. Burnside and east of the Willamette River shall have the road name or number designation preceded by "S.E."

  37. All other roads north of E. Burnside and between the Willamette River and N. Williams Avenue shall have the road name or number designation preceded by "N."

  38. All other roads west of the Willamette River and south of W. Burnside Street shall have the road name or number designation preceded by "S.W."

  39. All other roads west of the Willamette River and north of W. Burnside Street shall have the road name or number designation preceded by "N.W."

West County Road Name Changes

  1. A dedicated road, west from N.W. St. Helens Road, located some 1,700 feet south of N.W. Logie Trail Road, is to be named N.W. Chestnut Lane. (Section 18, T2N, RlW, WM)

  2. A dedicated road, proceeding south from N.W. Chestnut Lane, approximately 400 feet, is to be named N.W. Vista Lane. (Section 18, T2N, RlW, WM)

  3. A dedicated road, proceeding south 1,800 feet from N.W. Cornelius Pass Road, at a point 400 feet south of N.W. Skyline Boulevard, is to be named N.W. Plainview Road. (Section 31, T2S, RlW, WM)

  4. A dedicated road joining N.W. Morgan Road and N.W. King Road is to be named N.W. Clark Road. (Section 12, T2N, R2W, WM)

  5. A dedicated road extending east from N.W. St. Helens Road, situated approximately 2,000 feet north of the Sauvie Island Bridge, is to be named N.W. Mill Road. (Section 28, T2N, RlW, WM)

  6. A dedicated road, extending east from N.W. St. Helens Road, situated approximately 500 feet south of the Sauvie Island Bridge, is to be named N.W. Larson Road. (Section 28, T2N, RlW, WM)

  7. The designation of Lower Columbia River Highway should be discontinued on all County maps and the legal designation N.W. St. Helens Road should be used.

  8. A dedicated loop road south of N.W. Laidlaw Road extending from lots 6 and 46 Bonny Slope plat to lots 18 and 49 Bonny Slope plat is to be named N.W. Old Laidlaw Road. (Section 22, TlN, RlW, WM)

  9. A dedicated road, situated in Section 22, lN, 1W, WM, and proceeding north from N.W. Thompson Road, to the east end of N.W. Hiller Lane, is to be named N.W. 120th Avenue. (Section 22, TlN, RlW, WM)

  10. A separate road, located within the right-of-way of N.W. St. Helens Road, along and parallel to the southwesterly side of N.W. St. Helens Road, from N.W. Harborton Drive northwesterly, approximately 550 feet, is to be named N.W. Alderview Drive. (Section 33 and 34, T2N, RlW, WM)

  11. A County Road, situated in Sections 5 and 6, lN, lW, running approximately 1,200 feet south from N.W. Skyline Boulevard as signed and is to be named N.W. Quarry Road. (Section 5 and 6, TlN,RlW, WM)

  12. That portion of County Road No. 88, not vacated under order No. 4426 running south approximately 1,000 feet from the junction with N.W. Cornelius Pass Road, to be renamed N.W. 185th Place. (In conjunction with designation by Washington County) (Section 6, TlN, RlW, WM)

  13. A road located 2,450 feet north of the south line of Section 21, T2N, RlW, WM and proceeding eastward from Sauvie Island Road approximately 2,500 feet is to be named N.W Howell Park Road.