Land use review decisions may be appealed. The appeal process, fee and hearing body depend on the procedure type of the land use review decision being appealed. All local appeals are heard in a hearing open to the public.
Type II and Type IIx Decision Appeals
- Who may appeal: The decision may be appealed by the applicant, the owner, and those entitled to notice, and any person adversely affected or aggrieved by the decision.
- When to appeal: The appeal must be submitted to the Director of BDS within 14 days of the day the notice of decision is mailed.
- Appeal Application: The appeal must be submitted on the appeal form Type II and Type IIx Decision Appeal Application.
- Appeal Fee: The appeal fee is $250. No appeal fee is charged for recognized organizations as listed by the Office of Neighborhood Involvement. See Chapter 33.750, Fees, Section 33.750.050.
- Appeal Hearing Body: If the land use review is an adjustment, the appeal will be heard by the Adjustment Committee. Design reviews are heard by the Design Commission. Historic reviews are heard by the Historic Landmarks Commission. All other appeals are heard by the Hearings Officer. See Chapter 33.730, Quasi-Judicial Procedures for information on the process.
Type III Decision Appeals
- Who may appeal: The decision may be appealed by the applicant, the owner, and those who have testified orally or in writing at the hearing, provided that the testimony was directed to a specific approval criterion
- When to appeal: The appeal must be submitted to the Director of BDS within 14 days of the day the notice of decision is mailed
- Appeal Application: The appeal must be submitted on the appeal form. Type III Decision Appeal Form
- Appeal Fee: The appeal fee is one-half of the total application fee of the original land use review. See below for fee waiver information for recognized organizations. The appeal fee may be waived for a recognized organization under certain circumstances see Chapter 33.750, Fees Section 33.750.050. A recognized organization is one that is listed by the Office of Neighborhood Involvement.
- Appeal Hearing Body: An appeal will be heard by City Council
Type I and Type IV Decision Appeals, Type III Comprehensive Plan Map Amendment Decision Appeals, and Type III Statewide Planning Goal Exception Decision Appeals
- Among other things, the petitioner at Oregon Land Use Board of Appeals (LUBA) must have submitted written testimony during the comment period for the land use review.
- The appeal must be submitted to the LUBA within 21 days of the date of decision.
- For further information contact LUBA at (503) 373-1265.
Fee Waivers for Type III Appeals by Recognized Organizations
Because the City understands that the timelines for appeals are short, the waiver and appeal may be submitted at the same time. However, if the request for a fee waiver is denied, the appeal may be invalid because the deadline passed and the fee did not accompany the appeal. Within 48 hours of receiving the fee waiver request, the Bureau of Development Services Director, or her/his delegate, will notify the organization’s contact person as to whether the request for a fee waiver is approved, or if additional information is needed to make a decision on the fee waiver request. The Director’s decision to waive an appeal fee is final.
- Type III Appeal Fee Waiver Request for Organizations
- Type II and Type IIx Decision Appeal Form – Complete this form to appeal a Type II or IIx decision
- Type III Decision Appeal Form – Complete this form to appeal a Type III decision
- Chapter 33.720 Assignment of Review Bodies – View the Portland Zoning Code chapter on review bodies, including appeals
- Chapter 33.730 Quasi-Judicial Procedures – View the Portland Zoning Code chapter on process and procedures, including appeals
- Chapter 33.750 Fees – View the Portland Zoning Code chapter on fees.