1994-31542-Ordinance No. 94-042 Recorded 8/4/1994�R� �Vt; WED
.
LEGAL COUNSEL
94-31542
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Chapter 22, The
Deschutes County Development Procedures
Ordinance, Relating to Procedures for
Appeal of Land Use Actions, and
Declaring an Emergency.
ORDINANCE NO. 94-042
013 66 -141-113
WHEREAS, the Board of County Commissioners must hear
action appeals; and
n.
c 4Ay
a l"d use
WHEREAS, it is in the interest of time management and efficiency
to streamline the appeal process by giving the Board of County
Commissioners discretion to hear land use action appeals; and
WHEREAS., it is desirable to amend Deschutes County's current
authority for review of land use action appeals; now therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. A new section 22.32.035, "Declining Review," is
adopted to read as follows:
1122.32.035 Declining Review.
Except as set forth in 22.28.030, when there is an appeal of a
land use action and the Board of County Commissioners is the
Hearings Body:
A. The Board may, by standing order, decide at a public
meeting that the decision of the lower Hearings Body of an
individual land use action or a class of land use action decisions
shall be the final decision of the County.
B. If the Board of County Commissioners decides that the
lower Hearings Body decision shall be the final decision of the
County, then the Board shall not hear the appeal and the party
appealing may continue the appeal as provided by law. In such a
case, the County shall provide written notice of its decision to
all parties. The decision on the land use application becomes
final upon mailing of the Board's decision to decline review.
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1994
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C. The decision of the Board of County Commissioners not to
hear a land use action appeal is entirely discretionary.
D. In determining whether to hear an appeal, the Board of
County Commissioners may consider:
1. The record developed before the lower Hearings Body;
2. The notice of appeal; and
3. Recommendations of staff."
Section 2. Section 22.32.015 "Filing appeals," is amended to
read as follows:
"22.32.015 Filing appeals.
1. To file an appeal, an appellant must file a completed notice
of appeal on a form prescribed by the Planning Division, an appeal fee,
and a transcript of any hearing appealed from.
2. The notice of appeal and appeal fee must be received at the
offices of the Deschutes County Community Development Department no
later than 5:00 PM on the tenth day following mailing of the decision.
Notice of Appeals may not be received by facsimile machine.
3. The transcript of the hearing may be submitted to the
Community Development Department within ten (10) days after the date
notice of appeal is filed or within ten (10) days after the hearing
tape is mailed or given to the appellant, whichever is later.
4. If the Board of County Commissioners is the Hearings Body and
the Board declines review, a portion of the appeal fee may be refunded.
The amount of any refund will depend upon the actual costs incurred by
the County in reviewing the appeal."
Section 3. Section 22.32.030 "Notice of appeal," is amended to
read as follows:
"22.32.030 Notice of appeal.
Every notice of appeal shall include:
1. A statement raising any issue relied upon for appeal with
sufficient specificity to afford the Hearings Body an adequate
opportunity to respond to and resolve each issue in dispute.
2. A request that the Planning Division supply appellant with a
copy of the magnetic tape record of any hearing before the Hearings
Officer, unless such tape has already been requested.
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3. If the Board of County Commissioners is the Hearings Body, a
request for review by the Board stating the reasons why the Board
should review the lower Hearings Body's decision."
Section 4. Applicability. This ordinance applies to any
application that is not final on the date of the passage of this
ordinance and that has not been appealed to the Board of County
Commissioners.
Section 5. Codification. The Code Book Review Committee shall
have the authority to format the provisions contained herein in a
manner that will integrate them into the County Code consistent with
the Code Book Review Committee's form and style for ordinance
codification. Such codification shall include the authority to make
format changes, to make changes in numbering systems and to make such
numbering changes consistent with interrelated code sections. In
addition, as part of codification of these ordinances, the Code Book
Review Committee may insert appropriate legislative history references.
Any legislative history references included herein are not adopted as
part of the substance of this ordinance, but are included for
administrative convenience and as a reference. They may be changed to
correct errors and to conform to proper style without action of the
Board of County Commissioners.
Section 6. Severability. The provisions of this ordinance are
severable. If any section, sentence, clause, or phrase of this
ordinance or any exhibit thereto is adjudged to be invalid by a court
of competent jurisdiction, that decision shall not affect the validity
of the remaining portions of this ordinance or any exhibit thereto.
Section 7. Emergency. This ordinance being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this ordinance takes effect on its
passage.
DATED this day of , 1994.
ATT
Recording Secretdry
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
SCHLANGEN, Chair
TUM THRUUP,l c mmissioner
BARRY . SLAUGHTE , Commissioner
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