ORS 418.960 City and county siting of child-caring facilities; applications; denial procedure; proof of facility qualifications

Each city and county may adopt a procedure which will provide opportunities for the siting of child-caring facilities within its jurisdiction including the siting of such facilities in single-unit residential zones. The procedure shall specify all conditions the requirements of which must be satisfied for the approval of an application for the siting of a child-caring facility, including any applicable zoning or land use restrictions.

If a city or county denies an application for the siting of a child-caring facility, it shall make formal findings under the provisions of the procedure adopted under subsection (1) of this section.

Denial of an application for the siting of a child-caring facility by an agency, board or commission of a city or county may be appealed to the governing body of the city or county.

A city or county may not require, under the procedure established under this section, independent satisfaction of conditions that have been required by the state for certification of the child-caring facility, unless, in the case of the particular facility, the city or county finds:

That circumstances have changed;

That additional information about those conditions is necessary; or

That review of such conditions is necessary to respond to the residents of the jurisdiction.

Upon request, an agency applying for certification of a child-caring facility shall supply the city or county with a copy of the agency’s application for state certification of the facility.