1995-17126-Ordinance No. 95-027 Recorded 5/18/1995REVIEWED
95-17126
LEGAL SEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 2, * { '"'"' ; ` r;
Administration, of the
Deschutes County Code and
Declaring an Emergency.
0146-®9.41
ORDINANCE NO. 95-027
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Amendment. Title 2, "Administration," as amended
and as presented here in its codified form is further amended to read
as set forth in Exhibit "A," attached hereto and by this reference
incorporated herein, with new language in bold type and deletions noted
in brackets.
Section 2. Severability. The provisions of this ordinance are
severable. If any section, sentence, clause or phrase of this
ordinance 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.
Section 3. Codification. County Legal Counsel shall have the
authority to format the provisions contained herein in a manner that
will integrate them into the County Code consistent with the Deschutes
County Form and Style Manual for Board Documents. Such codification
shall include the authority to make such 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, County Legal Counsel may insert appropriate
legislative history reference. 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 4. Repeal of Ordinances as Affecting Existing
Liabilities. The repeal, express or implied, of any ordinance,
ordinance provision, code section, or any map or any line on a map
incorporated therein by reference, by this amending ordinance shall not
release or extinguish any duty, condition, penalty, forfeiture, or
liability previously incurred or that may hereafter be incurred under
such ordinance, unless a provision of this amending ordinance shall so
expressly provide, and such ordinance repealed shall be treated as
still remaining in force for the purpose of sustaining any proper
action or prosecution for the enforcement of such duty, condition,
penalty, forfeiture, or liability, and for the purpose of authorizing
the prosecution, conviction and punishment of the person or ons who
previously violated the repealed ordinance.
PAGE 1 - ORDINANCE N0. 95-027 (5/17/95) 95
NA
0146-0922
Section 5. 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 17th day of May, 1995.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES OUNTY, OREGON
BARRY H. SLAV R, Ch it
(DAl
I gel
ATTEST: NANC POPE S EN ommission r
VRT
71� V
Recording Secretary ROB RT L. NIPPER, Commissioner
PAGE 2 - ORDINANCE NO. 95-027 (5/17/95)
I
0146-0923
EXHIBIT "A"
Title 2
ADMINISTRATION
Chapters:
2.04
Board of County Commissioners
2.08
County Clerk
2.12
County Business Hours
2.16
Economic Development
2.20
Bend Urban Area Planning Commission
2.24
Redmond Urban Area Planning commission
2.28
Historical Preservation and Historical
Landmarks Commission
2.32
Public Library and Library Board of Trustees
2.36
Local Contract Review Board
2.40
Local Alcohol and Drug Planning Committee
2.44
Establishment of Ways of Necessity
2.48
Deschutes Basin Resource Committee
2.50
Board of Supervisors
2.52
Deschutes County Planning Commission
Chapter 2.04
BOARD OF COUNTY
COMMISSIONERS
Sections:
2.04.010
Regular meetings.
2.04.020
Work sessions and department
head meetings.
2.04.030
Special meetings -Authorized
when.
2.04.040
Special meetings -Notice.
2.04.010 Regular meetings.
The Board of County Commissioners shall
meet for the transaction of county business on
each Wednesday of each month at ten a.m. in
the Deschutes County Courthouse Annex.
Such meetings shall constitute the regular
meetings of the Board of County
Commissioners. (Ord. 86-012 § 1, 1986; Ord.
85-004 § 1, 1985)
2.04.020 Work sessions and department
head meetings.
A. The Board of County Commissioners
shall meet in work session on each Monday of
each month at ten a.m., and on the first
through the fourth Wednesdays of each month
at one -thirty p.m. in the Deschutes County
Courthouse Annex.
B. Wednesday work sessions shall be
reserved for department head meetings, as
follows:
1st Wednesday [All department heads]
1:30 Department Head Meeting
2:30 Health
3:00 Commission on Children &
Families
3:30 Open
2nd Wednesday
1:30 [Juvenile department]
Risk Management
2:00 Data Processing
2:30 Mental health
3:30 [General health]
0146-0924
Open
3rd Wednesday
[ 1:30 Community development
Hearings officer
2:30 Public works/Surveyor
3:30 Administrative services
/Personnel
Data processing]
1:30 Assessor
2:00 Building Services/Property
Management
2:30 Sheriff
3:00 District Attorney
3:30 Open
4th Wednesday
[ 1:30 County counsel
2:30 Library
3:30 Elected officials]
1:30 Open
2:00 Open
2:30 Open
3:00 Open
(Ord. 95-027 § 1, 1995; Ord. 85-004 § 2,1985)
2.04.030 Special meetings -Authorized
when.
The Board of County Commissioners may
meet at other times and places as may be
called by the chairman or two members of the
board. (Ord. 85-004 § 3, 1985)
2.04.040 Special meetings -Notice.
Unless notice is waived by all members of
the board, no meeting of the board shall be
held unless notice of the time and place of the
meeting is given at least twelve hours in
advance of the meetings. Nothing in this
section shall be construed to conflict with
Oregon Revised Statutes 192.610 to 192.690
relating to the required notice for public
meetings. (Ord. 85-004 § 4, 1985)
Chapter 2.04 1 (5/95)
U146--U9n5
Chapter 2.08
COUNTY CLERK
Sections:
2.08.010 Hours for receiving and
recording documents.
2.08.010 Hours for receiving and
recording documents.
The hours of receiving and recording
documents in the county clerk's office shall be
from eight -thirty a.m. until four p.m. on each
judicial day. (Ord. 81-034 § 1, 1981)
Chapter 2.08 1 (5/95)
0146-0926
Chapter 2.12
COUNTY BUSINESS HOURS
Sections:
2.12.010 Regular business days.
2.12.020 Departments -Different hours
authorized when.
2.12.030 Signs required stating business
days.
2.12.010 Regular business days.
The regular business days for the county
shall be Monday through Friday of each week
from 8:00 a.m. to 5:00 p.m. each business day,
except legal holidays, except as provided in
section 2.12.020 of this chapter. (Ord. 94-055
§ 1, 1994; Ord. 93-055 § 1, 1993; Ord. 92-054
§ 1, 1992; Ord. 91-040 § 1, 1991; Ord. 86-029
§ 1, 1985: Ord. 83-050 § 1, 1983)
2.12.020 Departments -Different hours
authorized when.
The Board of County Commissioners may
establish days and hours of operation for any
county department different from the regular
business days and hours described in section
2.12.010 of this chapter to meet legal or
operational needs of the county. The
establishment of hours and days of operation
under this section shall be in compliance with
Oregon Revised Statutes 205.242. (Ord 93-
055 § 2, 1993; Ord. 92-073 § 1-2, 1992; Ord.
92-054 § 2, 1992; Ord. 91-040 § 2, 1991; Ord.
83-050 § 2, 1983)
2.12.030 Signs required stating business
days and hours.
Signs shall be posted at or near all
entryways to Deschutes County buildings,
setting forth the regular business days and
hours of the county. (Ord. 93-055 § 3, 1993;
Ord. 92-054 § 3, 1992; Ord. 91-040 § 3, 1991;
Ord. 83-050 § 3, 1983)
Chapter 2.12 1 (5/95)
Chapter 2.16
ECONOMIC DEVELOPMENT
Sections:
2.16.010
Definitions.
2.16.015
Definition -Development
project.
2.16.020
Definition -Industrial facility.
2.16.030
Findings and declarations.
2.16.040
Industrial facilities -
Acquisition, disposal and
agreement authority.
2.16.050
Industrial facilities -
Management restrictions.
2.16.060
Sale or lease of property -
Conditions.
2.16.070 Development projects -Rules for
approval.
2.16.080 Development projects -Grants.
2.16.090 Development projects -Loan
agreements.
2.16.100 Limitations on county
powers.
2.16.010 Definitions.
Unless the context requires otherwise[:], the
words and phrases used in this chapter are
defined as set forth in 2.16.015-020. (Ord. 95-
027 § 1, 1995; Ord. 85-020 § 1, 1985)
2.16.015 Definition -Development
project.
"Development project" means the
acquisition, engineering, improvement,
rehabilitation, construction, operation or
maintenance, including pre -project planning
costs, in whole or in part, of any property, real
or personal, that is used or is suitable for use
by an economic enterprise, and that will result
in or will aid, promote or facilitate
development of one or more of the following
activities:
A. Industrial parks or facilities for
manufacturing or other industrial production,
agricultural development or food processing,
aquacultural development or seafood sources,
0146-092
convention facilities, trade centers,
transportation or freight facilities, recreational
facilities, or tourist attractions;
B. Other activities that represent new
technology or types of economic enterprise
the county determines are needed to diversify
the economic base of an area;
C. The creation of employment. (Ord. 85-
020 § 1, 1985)
2.16.020 Definition -Industrial facility.
"Industrial facility" means any land, any
building or other improvement, and all real
and personal properties, including but not
limited to machinery and equipment deemed
necessary in connection therewith, whether or
not now in existence, which shall be suitable
for use for industrial, manufacturing, research
and development or warehousing purposes,
but shall not include port facilities or facilities
for any purposes or enterprises which are
subject to regulation by the Public Utility
Commissioner of Oregon. (Ord. 85-020 § 1,
1985)
2.16.[020]030 Findings and declarations.
The Board of County Commissioners finds
and declares that:
A. Deschutes County has an important and
continuing role in the economic development
and diversification of industry and tourism
within its boundaries.
B. There is a need to increase long-term
employment opportunities and economic
stability through industrial diversification by
providing the physical facilities necessary to
develop responsible and compatible industry
in the county.
C. Continued development of industrial,
manufacturing, warehouse and tourist
facilities, and recreational industries are
necessary to insure the growth and prosperity
of the county.
D. It is in the public interest to develop
seasonal employment by encouraging the
orderly growth and promotion of non-
polluting, labor-intensive industries such as
tourism which are compatible with other
Chapter 2.16 1 (5/95)
public entities and governmental units in
respect to energy development and
conservation, environmental protection,
transportation, and the judicious use of
natural resources.
E. Planning and promotion of tourism and
recreation facilities and attractions should be
coordinated with the private sector in order to
promote the orderly development and
implementation of compatible programs for
advancing and enhancing tourism in the
county.
F. It is the purpose of this chapter to
provide the county with the power to acquire
title or interest therein by purchase, gift, grant
or donation, or otherwise, to one or more
industrial or tourist facilities, and to lease, sell
and convey such facilities to any person, firm,
partnership or corporation, either public or
private, the primary goal of such transactions
being to promote employment and increase
permanent job opportunities in the county.
G. Itis further declared that the acquisition
of title or interest therein to such facilities,
and the lease, sale and conveyance of such
facilities as provided by this chapter, is a
public purpose and shall be regarded as
performing an essential governmental function
of county concern. (Ord. 95-027 § 1, 1995;
Ord. 85-020 § 2, 1985)
2.16.[030]040 Industrial facilities -
Acquisition, disposal and
agreement authority.
The county is empowered:
A. To acquire by purchase, gift, grant,
donation, lease, exchange or otherwise one or
more industrial facilities or interest therein
which shall be located within Deschutes
County;
B. To lease to any person, firm,
partnership or corporation, either public,
private or nonprofit, any or all of such
industrial or recreational facilities acquired
pursuant to this section, or otherwise, for such
rentals and upon such terms and conditions
and for such periods or period as the board
determines;
0146-6928
C. To sell or convey all or any of such
industrial or recreational facilities, including
any part thereof, at public or private sale, with
or without advertisement, and to do all acts
necessary to the accomplishment of such sale
or conveyance;
D. To enter into agreements with other
jurisdictions, including but not limited to cities
and ports, providing for joint development of
industrial or recreational facilities;
E. To enter into agreements to finance the
costs of development projects by loaning non -
tax revenues to any private corporation under
such terms and with such security as required
by this chapter;
F. To apply for and receive grants from the
state of Oregon and federal government
agencies. (Ord. 95-027 § 1, 1995; Ord. 85-020
§ 3, 1985)
2.16.[040]050 Industrial facilities -
Management restrictions.
The county shall not operate an industrial
facility as a business enterprise, or in any
manner except as a lessor. (Ord. 95-027 § 1,
1995; Ord. 85-020 § 4, 1985)
2.16.[050]060 Sale or lease of property -
Conditions.
The sale, transfer or lease of property
authorized to be acquired or disposed of
under section [2.16.030] 2.16.040 of this
chapter shall only be made upon findings. of
the board that such sale, lease or transfer will
result in:
A. Economic development and
diversification of industry or tourism;
B. Long-term employment opportunities
and economic stability through industrial
diversification;
C. Development of industrial
manufacturing, research and development,
warehouse, tourist, or recreational facilities:
D. Creation of employment;
E. Compatibility with existing and
proposed development and public facilities
and services, and that the lessee or grantee
has demonstrated the ability to engage in the
Chapter 2.16 2 (5/95)
responsible management of the property, has
the financial ability to meet the terms and
conditions of the lease or contract applicable
to the property, and has the ability to
successfully engage in the development project
or proposed business. (Ord. 95-027 § 1, 1995;
Ord. 85-020 § 5, 1985)
2.16.[060]070 Development projects -Rules
for approval.
A. The board may approve a loan for a
development project if, after investigation, it
finds that:
1. The proposed development project is
feasible and a reasonable risk from practical
and economic standpoints, and the loan has a
reasonable prospect of repayment;
2. The applicant can provide good and
sufficient collateral for the loan;
3. Moneys are in the county industrial
development revolving fund, the county
business loan fund, or are otherwise available
from non -tax revenues;
4. There is a need for the proposed
development project, and the applicant's
financial resources are adequate to assure
success of the project;
5. The moneys to be loaned promote a
public purpose.
B. Nothing in this section shall permit a
development project loan for the purpose of
refinancing an existing debt owed by the
applicant, or restructuring an existing loan,
unless the board finds exceptional
circumstances which warrant consideration of
such a loan, and which, at a minimum, include
findings that:
1. Substantial adverse economic conditions
exist requiring immediate remedial action
which is not feasibly available elsewhere; and
2. Such loan would increase opportunities
for gainful employment in the county, and that
those opportunities will be lost except for the
loan; and
3. Such loan conforms to the county's
economic development plan, if applicable, if
such plan exists. (Ord. 95-027 § 1, 1995; Ord.
85-020 § 7, 1985)
0146-0929
2.16.[065]080 Development projects -Grants.
A. The board may approve a grant of funds
upon such conditions the board deems
appropriate for a development project if the
grant funds are to be used for pre -project
planning costs, the grant does not exceed one-
third of the pre -project planning costs and the
board finds that grant participation in the
development project is in the public interest.
(Ord. 95-027 § 1,1995; Ord. 89-021 § 1, 1989)
2.16. [070] 090 Development projects -Loan
agreements.
If the development project is approved, the
board may enter into a loan agreement
secured by good and sufficient collateral,
which shall set forth, among other matters:
A. A plan for repayment by the applicant
to the county of money borrowed from the
fund used for the development project with
interest charged on those moneys at the rate
determined by the board. The plan:
1. Shall provide for commencement of
repayment by the applicant of moneys used
for the development project and interest
thereon no later than 180 days after the date
of the loan contract, or at such other time as
the board may provide,
2. May provide for reasonable extension of
the time for making any repayment in
emergency or hardship circumstances, if
approved by the board,
3. Shall provide for such evidence of debt
assurance of and security for, repayment by
the applicant as is considered necessary by the
board,
4. Shall set forth a schedule of payments
and the period of loan, which shall not exceed
the usable life of the contracted project or 15
years from the date of the contract, whichever
is less, and shall also set forth the manner of
determining when loan payments are
delinquent The payment schedule shall
include repayment of interest which accrues
during any period of delay in repayment
authorized by subsection (A)(2) of this
section, and the payment schedule may
require payments of varying amounts for
Chapter 2.16 3 (5/95)
0146-0930
collection of accrued interest or principal
5. Shall set forth a procedure for formal
declaration of default of payment by the
board, including formal notification of all
relevant federal state and local agencies, and
further, a procedure for notification of all
relevant federal, state and local agencies that
declaration of default has been rescinded
when appropriate;
B. That the liability of the county under
the contract is contingent upon the availability
of moneys in the county industrial
development fund and business loan fund for
use in the development project;
C. Such further provisions as the board
considers necessary to insure expenditure of
the funds for the purpose set forth in the
approved application. (Ord. 95-027 § 1, 1995;
Ord. 85-020 § 8, 1985)
2.16. [080] 100 Limitations on county
powers.
Nothing in this chapter is intended to permit
or empower the county to become a
stockholder in any joint company, corporation
or association or nonprofit association
whatever, or raise money for, or loan its credit
to or in aid of any such company, corporation
or association or nonprofit association. (Ord.
95-027 § 1, 1995; Ord. 85-020 § 6, 1985)
Chapter 2.16 4 (5/95)
Chapter 2.20
BEND URBAN AREA PLANNING
COMMISSION
Sections:
Vacancy filling.
2.20.010
Created -Jurisdiction.
2.20.020
Membership -Qualifications.
2.20.030
Expense reimbursement.
2.20.040
Removal from office -
Conditions.
2.20.050
Vacancy filling.
2.20.060
Chairman and vice-
chairman.
2.20.070
Meeting schedule.
2.20.080
Quorum, rules and
procedures.
2.20.090
Conflicts of interest.
2.20.100
Powers and duties.
2.20.110
Advisory duties.
2.20.120
Staff services.
2.20.130
Decision review powers.
2.20.010 Created -Jurisdiction.
Pursuant to an agreement between the City
of Bend and Deschutes County, dated August
27, 1980, there is created a joint Bend Urban
Area Planning Commission ("commission"). It
shall be the planning commission for the City
of Bend and the unincorporated area of the
county within the adopted Bend Urban
Growth Boundary. (Ord. 80-226 § 1, 1980)
2.20.020 Membership -Qualifications.
A. The commission shall be composed of
seven members who reside within the Urban
Growth Boundary. Three members shall be
appointed by the County Board of
Commissioners, and four members shall be
appointed by the Bend City Commission. The
Board of County Commissioners shall appoint
one member for a term of two years and two
members for a term of four years. The Bend
City Commission shall appoint two members
for a term of four years and two members for
a term of two years.
B. No more than two voting members of
0146-0931
the commission may engage principally in
selling or developing of real estate for profit
as individuals, or be members of any
partnership, or officers or employees of any
corporation that engages principally in the
buying, selling or developing of real estate for
profit. No more than two members shall be
engaged in the same kind of occupation,
business, trade or profession.
C. No commission member shall serve
more than two full terms or ten years,
whichever is greater.
D. The membership of the commission
shall, as much as possible, be representative of
the various geographical parts of the Bend
Urban Growth Boundary. (Ord. 80-226 §
2(part), (4)(6), 1980)
2.20.030 Expense reimbursement.
Commission members shall receive no
compensation, but shall be reimbursed for
authorized expenses. (Ord. 80-226 § 2(1),
1980)
2.20.040 Removal from office -
Conditions.
A member of the commission may be
removed by the appointing body for
misconduct, nonperformance of duty, or three
successive unexcused absences from regular
meetings. The nonappointing body may, by
resolution, request that a member be removed
by the appointing body. If the appropriate
governing body finds misconduct,
nonperformance of duties, or three successive
unexcused absences from regular meetings by
said member, he or she shall be removed.
(Ord. 80-226 § 2(2), 1980)
2.20.050 Vacancy filling.
Vacancies on the commission shall be filled
by the appropriate appointing authority for
the unexpired term of the predecessor in
office. Vacancies in the commission created
by the expiration of a member's term shall be
filled by the appropriate appointing authority
for a term of four years. (Ord. 84-006 § 1,
1984; Ord. 80-226 § 2(3), 1980)
Chapter 2.20 1 (5/95)
2.20.060 Chairman and vice-
chairman.
At its first meeting in January of each year,
the commission shall elect from among its
membership a chairman and a vice-chairman.
No person shall be chairman for more than
two years in succession. (Ord. 80-226 § 3,
1980)
2.20.070 Meeting schedule.
The commission shall meet at least once a
month. Not less than one meeting every two
months shall be devoted in part or in full to
comprehensive planning within the Bend
Urban Growth Boundary. (Ord. 80-226 § 5,
1980)
2.20.080 Quorum, rules and
procedures.
A majority of the members of the
commission shall constitute a quorum. The
commission may establish rules, regulations
and procedures for its operation consistent
with the laws of the state, the city of Bend,
and the county. (Ord. 80-226 § 4, 1980)
2.20.090 Conflicts of interest.
A member of the commission shall not
participate in any commission proceeding or
action in which any of the following have a
direct, substantial financial interest: the
member or his spouse, brother, sister, child,
parent, father-in-law, mother-in-law, or any
business which he is negotiating for or has an
arrangement or understanding concerning
prospective investment or employment. Any
actual or potential interest shall be disclosed
at the meeting of the commission where the
matter is being considered. (Ord. 80-226 § 6,
1980)
2.20.100 Powers and duties.
A. The commission shall have the following
duties:
1. Carry out a comprehensive planning
program, using citizen input and public
hearings when appropriate, within the Bend
Urban Growth Boundary, and coordinate its
0146--0932
activities with other jurisdictions, planning
bodies and districts;
2. Review those land use applications
within its jurisdiction under the city of Bend
and Deschutes County ordinances. Any
appeals from the commission shall be to the
respective governing body having jurisdiction;
3. [Review and act on all appeals of land
use and other decisions] The commission shall
have the power to review, on its own motion,
any decision made by the hearings body or
hearings officer which affects land under its
jurisdiction;
4. Act as the citizen involvement
committee within the Bend Urban Growth
Boundary, and advise the governing bodies on
citizen involvement programs; study and
propose such measures as are advisable for
promotion of the public interest, health,
morals, safety, comfort, convenience and
welfare within the Bend Urban Growth
Boundary.
B. All land use decisions rendered by the
commission shall be supported by adequate
written findings of fact. (Ord. 95-027 § 1,
1995; Ord. 80-226 § 7, 1980)
2.20.110 Advisory duties.
The commission may:
A. Recommend and make suggestions to
the Bend City Commission, Board of County
Commissioners, and other public authorities
concerning the laying out, widening, extending
and locating of public thoroughfares, parking
of vehicles, relief of traffic congestion,
betterment of housing and sanitation
conditions, and establishment of districts for
limiting the use, height, area, bulk and other
characteristics of buildings and structures
related to land development within the Bend
Urban Growth Boundary;
B. Recommend to the Bend City
Commission, Board of County Commissioners,
and other public authorities plans for
regulating the future growth, development and
beautification of the Bend Urban Growth
Boundary, and development within the Bend
Urban Growth Boundary of proper sanitation,
Chapter 2.20 2 (5/95)
0145-0933
public utilities, transportation facilities and
appropriate incentives for overall energy
conservation;
C. Recommend to the Bend City
Commission and the Board of County
Commissioners, and other public authorities,
plans for promotion, development and
regulation of the economic needs of the
community;
D. Make economic surveys and study the
needs of present and potential industrial and
other business needs within the Bend Urban
Growth Boundary. (Ord. 80-226 § 8, 1980)
2.20.120 Staff services.
The City of Bend and the county planning
staffs will hold joint responsibility for
preparing staff reports and submitting them to
the hearings body. A standard format shall be
adopted and used for all reports submitted. If
the land for which an application has been
filed is located in the City of Bend, the city
planning staff will prepare the staff report and
send it to the county planning staff for review
and comment prior to submission to the
hearings body. If the land for which an
application has been filed is outside the City
of Bend city limits but inside the Bend Urban
Growth Boundary, the county planning staff
shall prepare the report and send it to the city
planning staff for review and comment prior
to submission to the hearings body. In the
event of disagreement, each staff may present
separate staff reports. (Ord. 80-226 § 9, 1980)
2.20.130 Decision review powers.
The Bend City Commission and Board of
County Commissioners shall have the power
to review, on its own motion, and hear
appeals of, any decision made by the hearings
body, hearings officer or commission which
affects land under its jurisdiction. (Ord. 80-
226 § 10, 1980)
Chapter 2.20 3 (5/95)
Chapter 2.24
REDMOND URBAN AREA PLANNING
COMMISSION
Sections:
2.24.010
Created -Jurisdiction.
2.24.020
Membership -Qualifications.
2.24.030
Expense reimbursement.
2.24.040
Removal from office -
2.24.090
Conditions.
2.24.050
Vacancy filling.
2.24.060
Chairman and vice-chairman.
2.24.070
Meeting schedule.
2.24.080
Quorum, rules and procedures.
2.24.090
Conflicts of interest.
2.24.100
Powers and duties.
2.24.110
Advisory duties.
2.24.120
Staff services.
2.24.130
Decision review powers.
2.24.010 Created -Jurisdiction.
Pursuant to an agreement between the city
of Redmond and Deschutes County, dated
August 27, 1980, there is created a joint
Redmond urban area planning commission
("commission"). It shall be the planning
commission for the City of Redmond and the
unincorporated area of the county within the
adopted Redmond Urban Growth Boundary.
(Ord. 80-227 § 1, 1980)
2.24.020 Membership -Qualifications.
A. The commission shall be composed of
seven members who reside within the Urban
Growth Boundary. Three members shall be
appointed by the Board of County
Commissioners, and four members shaft be
appointed by the Redmond City Council and
mayor. The Board of County Commissioners
shall appoint one member for a term of two
years and two members for a term of four
years. The Redmond City Council and mayor
shall appoint two members for a term of four
years and two members for a term of two
years.
B. No more than two voting members of
Chapter 2.24
0146-0934
the commission may engage principally in
buying, selling or developing of real estate for
profit as individuals, or be members of any
partnership, or officers or employees of any
corporation that engages principally in the
buying, selling or developing of real estate for
profit. No more than two members shall be
engaged in the same kind of occupation,
business, trade or profession.
C. No commission member shall serve
more than two full terms or ten years,
whichever is greater.
D. The membership of the commission
shall, as much as possible, be representative of
the various geographical parts of the
Redmond Urban Growth Boundary.
E. The mayor, with the approval of the city
council, may appoint a city officer to serve as
an ex officio nonvoting member of the
commission. The Board of County
Commissioners may also appoint a county
official to serve as an ex officio nonvoting
member of the commission. (Ord. 80-227 § 2
(part) and (4)-(7), 1980)
2.24.030 Expense reimbursement.
Commission members shall receive no
compensation, but shall be reimbursed for
authorized expenses. (Ord. 80-227 § 2(1),
1980)
2.24.040 Removal from office -
Conditions.
A member of the commission may be
removed by the appointing body for
misconduct, nonperformance of duty, or three
successive unexcused absences from regular
meetings. The nonappointing body may, by
resolution, request that a member be removed
by the appointing body. If the appropriate
governing body finds misconduct,
nonperformance of duties, or three successive
unexcused absences from regular meetings by
the member, he or she shall be removed.
(Ord. 80-227 § 2(2), 1980)
2.24.050 Vacancy filling.
Vacancies in the commission shall be filled
(5/95)
by the appropriate appointing authority for
the unexpired term of the predecessor in
office. Vacancies in the commission created
by the expiration of a member's term shall be
filled by the appropriate appointing authority
for a term of four years. (Ord. 84-005 § 1,
1984: Ord. 80-227 § 2(3), 1980)
2.24.060 Chairman and vice-chairman.
At its first meeting in January of each year,
the commission shall elect from among its
membership a chairman and a vice-chairman.
No person shall be chairman for more than
two years in succession. (Ord. 80-227 § 3,
1980)
2.24.070 Meeting schedule.
The commission shall meet at least once a
month. Not less than one meeting every two
months shall be devoted in part or in full to
comprehensive planning within the Redmond
Urban Growth Boundary. (Ord. 80-227 § 5,
1980)
2.24.080 Quorum, rules and procedures.
A majority of the members of the
commission shall constitute a quorum. The
commission may establish rules, regulations
and procedures for its operation consistent
with the laws of the state, the City of
Redmond, and the county. (Ord. 80-227 § 4,
1980)
2.24.090 Conflicts of interest.
A member of the commission shall not
participate in any commission proceeding or
action in which any of the following have a
direct, substantial financial interest: the
member or his spouse, brother, sister, child,
parent, father-in-law, mother-in-law, or any
business with which he is negotiating for or
has an arrangement or understanding
concerning prospective investment or
employment. Any actual or potential interest
shall be disclosed at the meeting of the
commission where the matter is being
considered. (Ord. 80-227 § 6, 1980)
0146--0935
2.24.100 Powers and duties.
A. The commission shall have the following
duties:
1. Carry out a comprehensive planning
program, using citizen input and public
hearings when appropriate, within the
Redmond Urban Growth Boundary, and
coordinate its activities with other
jurisdictions, planning bodies and districts;
2. Review those land use applications
within its jurisdiction under City of Redmond
and county ordinances; any appeals from the
commission shall be to the respective
governing body having jurisdiction;
3. [Review and act on all appeals of land
use and other decisions] The commission shall
have the power to review, on its own motion,
any decision made by the hearings body or
hearings officer which affects land under its
jurisdiction;
4. Act as the citizen involvement
committee within the Redmond Urban
Growth Boundary, and advise the governing
bodies on citizen involvement programs; study
and propose such measures as are advisable
for promotion of the public interest, health,
morals, safety, comfort, convenience and
welfare within the Redmond Urban Growth
Boundary.
B. All land use decisions rendered by the
commission shall be supported by adequate
written findings of fact. (Ord. 95-027 § 1,
1995; Ord. 80-227 § 7, 1980)
2.24.110 Advisory duties.
The commission may:
A. Recommend and make suggestions to
the Redmond City Council and mayor, Board
of County Commissioners, and other public
authorities concerning the laying out,
widening, extending and locating of public
thoroughfares, parking of vehicles, relief of
traffic congestion, betterment of housing and
sanitation conditions, and establishment of
districts for limiting the use, height, area, bulk
and other characteristics of buildings and
structures related to land development within
the Redmond Urban Growth Boundary;
Chapter 2.24 2 (5/95)
0146-0936
B. Recommend to the Redmond City
Council and mayor, Redmond Urban Growth
Boundary, and other public authorities, plans
for promotion, development and regulation of
the economic needs of the community;
C. Make economic surveys and study the
needs of present and potential industrial and
other business needs within the Redmond
Urban Growth Boundary. (Ord. 80-227 § 8,
1980)
2.24.120 Staff services.
The City of Redmond and county planning
staffs will hold joint responsibility for
preparing staff reports and submitting them to
the hearings body. A standard format shall be
adopted and used for all reports submitted. If
the land for which an application has been
filed is located in the City of Redmond, the
city planning staff will prepare the staff report
and send it to the county planning staff for
review and comment prior to submission to
the hearings body. If the land for which an
application has been filed is outside the City
of Redmond city limits, but inside the
Redmond Urban Growth Boundary, the
county planning staff shall prepare the report
and send it to the city planning staff for
review and comment prior to submission to
the hearings body. In the event of
disagreement, each staff may present separate
staff reports. (Ord. 80-227 § 9, 1980)
2.24.130 Decision review powers.
The Redmond City Council and mayor and
Board of County Commissioners shall have
the power to review, on its own motion, and
hear appeals of any decision made by the
hearings body, hearings officer or commission
which affects land under its jurisdiction. (Ord.
80-227 § 10, 1980)
Chapter 2.24 3 (5/95)
Chapter 2.28
HISTORICAL PRESERVATION AND
HISTORICAL LANDMARKS
COMMISSION
Sections:
2.28.001 Purpose of provisions.
2.28.005 Definitions.
2.28.010 Definition -Alteration.
2.28.015 Definition -Architectural
9146-99i
2.28.180
significance.
2.28.020
Definition -Board.
2.28.025
Definition -Demolish.
2.28.030
Definition -Exterior.
2.28.035
Definition -Historical interest.
2.28.040
Definition -Historical
significance.
2.28.045
Definition -Landmark.
2.28.050
Definition -Landmarks
commission.
2.28.055
Definition -Minor alteration.
2.28.060
Definition -Planning division.
2.28.070
Historical landmarks
commission -Creation,
membership, term, vacancy
filling and expense
reimbursement.
2.28.080
Officers, meetings and rules of
procedure.
2.28.090
Functions and duties.
2.28.100
Historical designation
criteria.
2.28.110
Request for historical
designation.
2.28.120
Historical building or site
designation procedure.
2.28.130
Historical interest -Designation
procedure.
2.28.140
Historical district -Designation
procedure.
2.28.150
Designation not a
recommendation for federal
action.
2.28.160
Exterior alteration and new
building restrictions.
2.28.170
Demolition permits and
condemnation proceedings.
9146-99i
2.28.180
Demolished historical
buildings -Records and artifact
preservation.
2.28.190
Identification signs.
2.28.200
Redevelopment and
neighborhood improvement
projects -Review by
commission.
2.28.210
Appeals from commission
decisions.
2.28.220
Violation -Penalty.
2.28.001 Purpose of provisions.
Districts, buildings and sites in Deschutes
County and its cities which have special
historic and prehistoric association or
significance should be preserved as part of the
heritage of the citizens of the county, and for
the education, enjoyment and pride of the
citizens, as well as for the beautification of the
county and enhancement of the value of such
property. To that end, regulatory controls and
administrative procedures are necessary. (Ord.
88-008 § 1, 1988)
2.28.005 Definitions.
As used in this chapter the following words
and phrases are defined as set forth in
2.28.010-060. (Ord. 95-027 § 1, 1995; Ord. 88-
008 § 2, 1988)
2.28.010 Definition -Alteration.
"Alteration" means the addition to, or
removal of, or physical modification of any
structure and/or portion of a structure and/or
building. (Ord. 88-008 § 2, 1988)
2.28.015 Definition -Architectural
significance.
"Architectural significance" means that the
structure and/or building or district:
A. Portrays the environment of a group of
people in an era of history characterized by a
distinctive architectural style;
B. Embodies those distinguishing
characteristics of an architectural type;
C. Is the work of an architect or master
Chapter 2.28 1 (5/95)
builder whose individual work has influenced
the development of the city; or
D. Contains elements of architectural
design, detail, materials or craftsmanship
which represent a significant innovation. (Ord.
88-008 § 2, 1988)
2.28.020 Definition -Board.
"Board" means the Deschutes County Board
of County Commissioners. (Ord. 88-008 § 2,
1988)
2.28.025 Definition -Demolish.
"Demolish" means to raze, destroy,
dismantle, deface or in any other manner
cause partial or total ruin of a designated
historical landmark or structure and/or
building, or a designated landmark or
structure and/or building in a historical
district. (Ord. 88-008 § 2, 1988)
2.28.030 Definition -Exterior.
"Exterior" means any portion of the outside
of a designated historical structure and/or
building, or structure and/or building in a
designated historical district or any addition
thereto. (Ord. 88-008 § 2, 1988)
2.28.035 Definition -Historical interest.
"Historical interest" means that a building,
structure or site has:
A. Historical significance;
B. May not be on the original location or
may have been moved; or
C. Architectural significance may have
been substantially altered or destroyed. (Ord.
88-008 § 2, 1988)
2.28.040 Definition -Historical
significance.
"Historical significance" means that the
structure and/or building or district:
A. Has character, interest or value as part
of the development, heritage or cultural
characteristics for the city, county, state or
nation;
B. Is the site of a historic event with an
effect upon society;
0140-0938
C. Is identified with a person or group of
persons who had some influence on society;
and/or
D. Exemplifies the cultural, political,
economic, social or historic heritage of the
community. (Ord. 88-008 § 2, 1988)
2.28.045 Definition -Landmark.
"Landmark" means an object or structure of
special historical interest which has been
designated and set aside for preservation.
(Ord. 88-008 § 2, 1988)
2.28.050 Definition -Landmarks
commission.
"Landmarks commission" means the
Deschutes County historical landmarks
commission. (Ord. 88-008 § 2, 1988)
2.28.055 Definition -Minor alteration.
"Minor alteration" means alteration which
does not affect the historical or architectural
significance of the structure or building. (Ord.
88-008 § 2, 1988)
2.28.060 Definition -Planning division.
"Planning division" means the planning
division of the county community development
department. (Ord. 88-008 § 2, 1988)
2.28. [010] 070 Historical landmarks
commission -Creation,
membership, term, vacancy
filling and expense
reimbursement.
A. The County Historical Landmarks
Commission ("landmarks commission'),
hereby is continued. The landmarks
commission shall consist of nine official
members, each entitled to vote, as follows:
One member from the Deschutes County
Historical Society; one member from the
Deschutes Pioneer Association; one
representative of the unincorporated areas of
the county; three citizens at large; and one
member each representing the cities of Bend,
Redmond and Sisters. All members of the
commission shall serve without compensation
Chapter 2.28 2 (5/95)
and shall be appointed by the Board of
County Commissioners. The mayors of each
city shall recommend their representatives to
the Board of County Commissioners. All
members shall serve for a term of four years.
Any vacancy occurring in a position for any
reason other than expiration of the term shall
be filled by appointment of the Board of
County Commissioners for the remainder of
the term.
B. In addition to the nine official members,
there shall be an undetermined number of
liaison persons to act as ex officio members to
be called in as appropriate to act in an
advisory capacity to the landmarks
commission. These ex officio members shall
not be entitled to vote. These persons shall
be representative of organizations including,
but not limited to, the United States Forest
Service, United States Bureau of Land
Management, the county building division, and
the American Institute of Architects. (Ord. 95-
027 § 1, 1995; Ord. 88-008 § 3, 1988)
2.28. [020] 080 Officers, meetings and rules of
procedure.
A. The officers of the landmarks
commission shall consist of a chairperson,
vice -chairperson and secretary, each elected by
a majority vote.
B. The regular time, place and manner of
notice of meetings shall be fixed by rules of
the landmarks commission. However, the
landmarks commission shall meet at least on
a quarterly basis.
C. The landmarks commission shall
establish and adopt its own rules of procedure.
The landmarks commission shall submit an
annual report to the Board of County
Commissioners and the city mayors.
D. Any clerical and staff assistance
necessary shall be provided by the county
planning division staff and/or pertinent city
staff when appropriate. (Ord. 95-027 § 1,
1995; Ord. 88-008 § 4, 1988; Ord. PL -21 § 2,
1980)
0146-0939
2.28.[030]090 Functions and duties.
A. The landmarks commission shall serve
as a hearings body for matters concerning
historical districts, buildings and/or structures
and sites within the county and the cities of
Bend, Redmond and Sisters.
B. The commission may adopt such
procedural rules and regulations as it finds
necessary or appropriate to carry out this
chapter. Such rules and regulations shall be
approved by the Board of County
Commissioners.
C. The commission may act upon requests
by any citizen, by owners of buildings or sites
or on its own motion concerning the
designation of particular districts, buildings
and/or structures or sites.
D. The commission shall recommend
removal from any list of designated historical
districts, buildings and/or structures and sites,
such property as it finds no longer worthy of
such designation.
E. The commission shall have authority to
inspect or investigate any district, building
and/or structure or site in the county which it
is requested to designate, or which it has
reason to believe is an architectural and/or
historical landmark.
F. The commission shall review all
information which it has and shall hold
hearings as prescribed in this chapter.
G. The commission shall have authority to
coordinate historical preservation programs of
the city, county, state and federal
governments, as they relate to property within
the county.
H. The commission may recommend to the
Board of County Commissioners, city councils
or the State Legislature any changes of law
which it finds appropriate.
I. The commission shall compile and
maintain a current list of all historical districts,
buildings and/or structures and sites which
have been so designated pursuant to this
chapter, with a brief description of the district,
building and/or structure or site, and the
reasons for its inclusion on the list. If lists of
archaeological sites are developed, disclosure
Chapter 2.28 3 (5/95)
of such lists is subject to appropriate state and
federal laws.
J. The commission shall notify all property
owners of sites recommended for designation
of such recommendation.
K. The commission shall have authority to
take such steps as it finds appropriate or
necessary to make available to the public
information concerning its activities and
various districts, buildings and/or structures
and sites to be designated pursuant to this
chapter.
L. The commission shall prepare, review
and adopt guidelines, criteria or such other
statements of policy as may be appropriate
relating to the designation, development or
preservation of historical districts, buildings
and/or structures and sites. Such guidelines,
criteria or policy statements shall not take
effect until reviewed and approved by the
Board of County Commissioners.
M. The commission shall assist and
coordinate the work of historic district
advisory councils with respect to historical
districts.
N. The landmarks commission shall
perform such other duties relating to historical
matters as the Board of County
Commissioners may request. (Ord. 95-027 § 1,
1995; Ord. 88-008 § 5, 1988; Ord. PL -21 § 3,
1980)
2.28. [031] 100 Historical designation
criteria.
A. The evaluation and designation of
historical districts, buildings and/or structures
and sites shall be based on the following
criteria:
1. The factors listed on the county
landmarks commission rating sheet, a copy of
which is marked Appendix A, attached to the
ordinance codified herein and by this
reference incorporated herein;
2. Economic, social, environmental and
energy (ESEE) consequences of designation,
as set forth in the rules of the Department of
Land Conservation and Development, OAR
660-16, a copy of which is marked Appendix
0146-0940
B, attached to the ordinance codified herein
and by this reference incorporated herein.
(Ord. 95-027 § 1,1995; Ord. 88-008 § 6,1988)
2.28. [035] 110 Request for historical
designation.
A. Any person may request that a district
building and/or structure or site be designated
on the Deschutes County Inventory of
Historic Places. A designation request may
also be made to the landmarks commission,
the board or city councils of Bend, Redmond
or Sisters.
B. A request for historical designation shall
be in writing and, in all cases, transmitted to
the landmarks commission.
C. If the request for historical designation
is made by a person other than the owner of
the building, site or buildings/sites in a district,
a copy of the request shall be sent to the
owner. (Ord. 95-027 § 1, 1995; Ord. 88-008 §
7, 1988)
2.28. [040] 120 Historical building or site -
Designation procedure.
A. Upon receipt of a request from the
landmarks commission to designate a
particular building or site as an historical
building or site within the county or pertinent
city, or upon direction by the Board of County
Commissioners or the pertinent city council,
or on its own motion, the planning division
shall fix a date and time for a public hearing
before the Board of County Commissioners
on a particular building or site recommended
for designation.
B. Any request for historical designation
must be filed with the county planning division
and/or pertinent city planning department
before the date of application for any building
permit, or any other application or permit
which might be affected by such historical
designation.
C. The planning division shall notify, in
writing, the owner of the property, the county
planning commission and/or pertinent city
planning commission, and shall transmit a
copy of the request to the landmarks
Chapter 2.28 4 (5/95)
commission unless such a request for
historical designation has come from the
landmarks commission.
D. The landmarks commission shall submit
its recommendation to the board and/or
pertinent city council at least 10 days prior to
the public hearing.
E. At such public hearing, the owner of the
property involved, a representative of the
landmarks commission and all other interested
parties shall be entitled to be heard.
F. If the board determines that a building
or site proposed for designation as an
historical building has architectural
significance and/or is of historical significance
based upon the criteria in section [2.28.031]
2.28.100 of this chapter, the board may
designate such building or site as an historical
building or site.
G. If the board finds that a particular site
has historical significance, the board may
designate the same as an historical site.
H. If any historical building has been
demolished or destroyed, the board and/or the
pertinent city, on its own motion or upon
recommendation of the landmarks
commission, may remove the historical
building designation therefrom.
I. The pertinent city council may make a
recommendation to the board regarding any
request to designate a particular building or
site within the urban growth boundary as an
historical building or site.
J. At the time of annexation to a city, all
designated historical sites within the
annexation area shall automatically revert to
within city jurisdiction unless a public hearing
is held to remove the site from the historical
designation. (Ord. 95-027 § 1, 1995; Ord. 88-
008 § 8, 1988; Ord. PL -21 § 4, 1980)
2.28. [045] 130 Historical interest -Designation
procedure.
A. If the board finds that a particular
building, structure or site does not meet the
criteria as outlined in section [2.28.031]
2.28.100 of this chapter for historical
designation, the board may designate said
0146-0941
building, structure or site as a building or site
of historical interest.
B. Buildings, structures or sites designated
as being of historical interest shall be subject
to the requirements of this chapter only in the
event of demolition or alteration. In such
cases, the owner of the building, structure or
site must notify the planning division not less
than 10 days prior to said demolition or major
alteration, so that the county may photograph
the site or building.
C. The board and/or landmarks
commission may also make recommendations
to the owner regarding alternatives to
demolition or major alteration which would be
detrimental to the building, structure or site
designation of historical interest. Such
recommendations are not binding upon the
owner. (Ord. 95-027 § 1, 1995; Ord. 88-008
§ 9, 1988)
2.28. [050] 140 Historical district -Designation
procedure.
A. Upon receipt of a request by the
landmarks commission to designate any area
as an historical district, or upon direction by
the board or pertinent city, the planning
division shall fix a date and time for a public
hearing before the board or pertinent city
council thereon.
B. The planning division shall notify, in
writing, owners within the proposed historical
district and the appropriate planning
commission of such hearing, and shall transmit
a copy of the request to the landmarks
commission unless such request is made by the
landmarks commission.
C. The landmarks commission shall submit
its recommendation to the board or pertinent
city council at least 10 days prior to the public
hearing.
D. At the public hearing, the owners of any
property involved, a representative of the
landmarks commission and all other interested
parties shall be entitled to be heard.
E. If the board or pertinent city council
determines that an area proposed to be
designated as an historical district has historic
Chapter 2.28 5 (5/95)
and/or architectural significance, the board
may designate such area as an historical
district.
F. If an area outside the incorporated
cities but inside the adopted urban growth
boundary is proposed to be designated as an
historical district, the pertinent city council
may recommend to the board that such area
be designated as an historical district.
G. An area may be designated an historical
district even if all sites or buildings within a
district are not of historical or architectural
significance, provided that the district as a
whole is of such significance.
H. If the primary or significant buildings
within an historical district have been
demolished or destroyed, the board or
pertinent city council, on its own motion, may
remove the historical district designation.
1. If the designation is proposed to be
removed from any historical district for any
reason other than that set forth in the
preceding subsection, then similar notices,
recommendations and hearings shall be held
as upon the designation of the historical
district in the first instance.
J. Any request for historical district
designation must be filed with the landmarks
commission before the date of application for
any building permit, conditional use permit or
other application or permit which might be
affected by such historical designation.
K. If a designated historical district is
within an area to be annexed to a city, at the
time of its annexation to the city that
historical district shall automatically revert to
within city jurisdiction. (Ord. 95-027 § 1,1995;
Ord. 88-008 § 10, 1988; Ord. PL -21 § 5, 1980)
2.28. [060] 150 Designation not a
recommendation for federal
action.
Nothing in this chapter and no designation
adopted under this chapter shall be
interpreted as a recommendation by the board
and/or pertinent city council supporting
designation of any building or structure as a
"Certified Historic Structure" for purposes of
0146-0942
section 191(d)(1)(b) or (c) of the Federal Tax
Reform Act of 1976. No such
recommendation or certification shall be made
by any jurisdiction in the county without
notice to affected parties and an additional
hearing thereon. (Ord. 95-027 § 1, 1995; Ord.
88-008 § 11, 1988; Ord. PL -21 § 6, 1980)
2.28. [070] 160 Exterior alteration and new
building restrictions.
A. Except as provided in subsection (H) of
this section, no person may alter any structure
and/or building in an historical district or
designated historical building, or any
landmark, in such a manner as to affect its
exterior appearance, nor may any new
structure and/or building be constructed in an
historical district, unless a certificate of
approval has been issued by the landmarks
commission and the county or appropriate city
planning director.
B. Application for a certificate of approval
for exterior alteration or new construction
under this section shall be made to the
planning division and shall be referred to the
landmarks commission for review and/or
hearing.
C. All applications for alteration or new
construction shall be accompanied by
appropriate plans and/or specifications.
D. Any request for a certificate of approval
for exterior alteration or new construction
must be filed prior to or in conjunction with
an application for any building or land use
permit.
E. Applications for certificates of approval
for exterior alterations to structures and/or
buildings in an historical district or to a
designated historical structure and/or building
shall be evaluated by the landmarks
commission under the following criteria:
1. Applicable provisions of the county
comprehensive plan and/or pertinent city
comprehensive plan;
2. Where applicable, an evaluation of the
economic, social, environmental and energy
consequences of the alteration, as set forth in
OAR 660-16-000;
Chapter 2.28 6 (5/95)
3. The reasonableness of the proposed
alteration and its relationship to the public
interest in the structure's and/or building's
preservation or renovation;
4. The design review guidelines attached to
Ordinance 88-008, codified in this section, as
Appendix C, and incorporated herein;
5. The physical condition of the structure
and/or building;
6. The general compatibility of proposed
exterior design, arrangement, proportion,
detail, scale, color, texture and materials
proposed to be used on the existing structure
and/or building;
7. Whether the alteration is required to
remedy an unsafe or dangerous condition;
8. Other pertinent aesthetic factors, as
appropriate.
F. Applications for certificates of approval
for new construction of structures and/or
buildings in an historical district shall be
evaluated by the landmarks commission under
the following criteria:
1. The purpose of this chapter;
2. The provisions of the county
comprehensive plan and/or pertinent city
comprehensive plan;
3. The economic effect of the new
structure and/or building on the historical
value of the district;
4. The effect of the proposed new
structure and/or building on the historical
character of the district;
5. The general compatibility of the
proposed exterior design, arrangement,
proportion, detail, scale, color, texture and
materials proposed to be used in the
construction of the new structure and/or
building;
6. The design review guidelines attached to
Ordinance 88-008, codified in this section, in
Appendix D, and incorporated herein;
7. Where applicable, an evaluation of the
economic, social, environmental and energy
consequences of the new construction, as set
forth in OAR 660-16-000.
G. All decisions on certificates of approval
shall be in writing.
0146-0943
H. Nothing in this chapter shall be
construed to prevent the ordinary
maintenance or repair (e.g., painting) of
exterior architectural features of a building or
structure which does not involve a change in
design or type of materials, unless the county
or pertinent city building official can certify
that the repair is required for the public safety
because the building or structure is in an
unsafe or dangerous condition.
I. All decisions concerning certificates of
approval under this section are subject to
appeal to the board and/or pertinent city
council, as provided in section [2.28.120]
2.28.210. (Ord. 95-027 § 1, 1995; Ord. 88-008
§ 12, 1988; Ord. PL -21 § 7, 1980)
2.28. [080] 170 Demolition permits and
condemnation proceedings.
A. No demolition of any designated
historical structure and/or building, or
structure and/or building within an historical
district or landmark shall be allowed except
with the approval of the landmarks
commission. A demolition or removal permit
application shall be transmitted, before action
is taken, to the landmarks commission.
B. Upon receipt of an application for a
permit for demolition or removal, the
landmarks commission shall notify the
applicant in writing, and the owner of the
property, if the owner is not the applicant.
C. The landmarks commission shall hold a
public hearing within 30 days of receipt of the
application. The applicant, the owner of the
property and any interested parties shall be
entitled to be heard.
D. In determining whether to approve the
demolition or removal proposed in the
application, the landmarks commission shall
consider the following:
1. All plans, drawings and photographs as
may be submitted by the applicant;
2. Information presented at the public
hearing;
3. The county comprehensive plan and/or
pertinent city comprehensive plan;
4. The purpose of this chapter;
Chapter 2.28 7 (5/95)
5. The criteria used in the original
designation of the historical structure, building
or district;
6. The historical and architectural style,
the general design, arrangement, materials of
the structure and/or building, its appurtenant
fixtures, and the relationship of such features
to similar features of other buildings within
the county or city, and the position of the
structure and/or building in relation to public
rights-of-way and to other buildings and
structures in the area;
7. The effects of the proposed demolition
or removal upon the protection, enhancement,
perpetuation and use of the structure and/or
building which cause it to possess a special
character, or special historical or aesthetic
interest or value;
8. Whether the demolition or removal is
proposed to abate a nuisance or a hazardous
condition;
9. Whether delay of the demolition or
removal will cause substantial hardship to the
applicant;
10. Economic, social, environmental and
energy consequences of the demolition or
removal, as set forth in OAR 600-16-000.
E. If the landmarks commission approves
the demolition or removal and if no appeal is
filed, the appropriate county or city building
official shall issue a demolition or removal
permit in accordance with all applicable codes
and ordinances of the county or the pertinent
city.
F. The landmarks commission may
postpone action on an application for a
demolition or removal permit if the
commission determines that there is a
program or project under way which would
result in public or private acquisition or
relocation of such structure and/or building or
site, and that there are reasonable grounds to
believe that such program or project may be
successful. In such case, the landmarks
commission may suspend consideration of the
application for a period not to exceed 90 days.
During such period of suspension, no permit
shall be issued for such demolition or removal,
0146-0944
nor shall any person demolish or remove the
structure and/or building. If any such
program or project appears to the landmarks
commission to be unsuccessful and the
applicant has not withdrawn the application
for a demolition or removal permit, the
building official shall issue a permit if the
permit application otherwise complies with the
codes and ordinances of the county and/or
pertinent city.
G. Action by the landmarks commission
suspending issuance of a permit for demolition
or removal may be appealed by the applicant,
the owner or the occupant, by filing a notice
of appeal as provided in section [2.28.120]
2.28.210.
H. Before any action is taken by a public
entity to condemn a structure and/or building
designated as a historical building or site or
any structure and/or building within a
designated historical district, the landmarks
commission shall review the report of the
county building safety division and/or any
other county or city departments relating to
the condition of the building and premises and
the extent of its danger, deterioration or
decay. The landmarks commission shall
report on its review and make a
recommendation concerning action to the
board and/or pertinent city council before
official action of condemnation is instituted.
I. The landmarks commission may identify
specific structures and/or buildings within a
designated historical district which will be
exempt from the provisions of this section.
(Ord. 95-027 § 1, 1995; Ord. 88-008 § 13,
1988; Ord. PL -21 § 8, 1980)
2.28. [090] 180 Demolished historical
buildings -Records and artifact
preservation.
A. If a designated historical building is to
be demolished, insofar as practicable and as
funds are available, the landmarks commission
shall keep a pictorial and graphic history of
the historical building or historical site, with
any additional data it may obtain.
B. To the extent funds are available or the
Chapter 2.28 8 (5/95)
landmarks commission may obtain donations
thereof, the landmarks commission shall
acquire artifacts from the building or site
which it deems worthy of preservation. (Ord.
95-027 § 1, 1995; Ord. 88-008 § 14, 1988; Ord.
PL -21 § 9, 1980)
2.28. [100] 190 Identification signs.
The owner of a designated historical
building or site, or the occupant thereof with
the consent of the owner, may install an
identification plaque or sign indicating the
name, date, architect and other appropriate
information upon the property, provided that
the size, material, design, location and text of
such plaque or sign is approved by the
Deschutes County Historical Society. (Ord.
95-027 § 1,1995; Ord. 88-008 § 15, 1988; Ord.
PL -21 § 10, 1980)
2.28. [110] 200 Redevelopment and
neighborhood improvement
projects -Review by
commission.
A. In any redevelopment or neighborhood
improvement project administered by a
department of the city or county, or submitted
to the pertinent city or the board for its
review and recommendations, proposed action
relating to a designated historical district,
building or site shall be submitted to the
landmarks commission for its review and
recommendation.
B. A report thereon by the landmarks
commission shall be filed with the pertinent
city council or the board, and a copy shall be
sent to the appropriate city or county
department. (Ord. 95-027 § 1, 1995; Ord. 88-
008 § 16, 1988; Ord. PL -21 § 11, 1980)
2.28.[120]210 Appeals from commission
decisions.
Appeals from actions of the landmarks
commission shall be to the board and/or
pertinent city council and may be filed by the
applicant, the owner or occupant of the
building, structure, site or district concerned,
or by any other person who participated in the
0146--6945
hearing. Appeals must be filed within 15 days
from the date of final decision by the
landmarks commission, shall be filed on a
form provided by the appropriate county or
city planning department, and shall be
accompanied by the fee set for appeals by the
board or city. The appeal shall be conducted
according to the terms of the applicable
county or city procedures ordinance. A
decision of the board may be appealed to the
land use board of appeals as provided by law.
(Ord. 95-027 § 1, 1995; Ord. 88-008 § 17,
1988; Ord. 86-023 § 1, 1986; Ord. PL -21 § 12,
1980)
2.28.[130]220 Violation -Penalty.
Violation of section [2.28.070(A)]
2.28.160(A), [2.28.080(A)] 2.28.170(A) of this
chapter is a Class A infraction. (Ord. 95-027
§ 1, 1995; Ord. 93-053 § 1, 1993; Ord. 91-039
§ 1, 1991)
Chapter 2.28 9 (5/95)
Chapter 2.32
PUBLIC LIBRARY AND LIBRARY
BOARD OF TRUSTEES
Sections:
Board -Membership.
232.010
Public library established.
232.020
Name of the library.
232.030
Board -Name.
232.040
Board -Purpose.
232.050
Board -Membership.
232.060
Board -Compensation and
conflict of interest.
232.070
Board -Expense reimbursement.
232.080
Board -Meetings and
232.120
attendance.
232.090
Board -Officers.
232.100
Library director -Powers and
duties.
232.110
Regular and special meetings -
Quorum.
232.120
Regular and special meetings -
Order of business.
232.130
Board -Committees.
232.140
Board -Powers and duties.
232.150
Amendments to chapter
provisions.
232.010 Public library established.
There is established in the county a public
library, pursuant to, under and in accordance
with the provisions of Chapter 357 of the
General Laws of Oregon, for the year 1919, to
be known as "the Public Library of Deschutes
County, Oregon." (Order dated 1/7/20)
232.020 Name of the library.
The name of the library shall be the
Deschutes County Library. (Ord. 81-030
Exhibit A, Art. 1, 1981)
232.030 Board -Name.
The name of the board shall be the
Deschutes County library board of trustees,
hereinafter in this chapter called "the board."
(Ord. 81-030 Exhibit A, Art. 2, 1981)
0146-0946
2.32.040 Board -Purpose.
The purpose of the board shall be to govern
the library, as described in section 2.32.140.
(Ord. 81-030 Exhibit A, Art. 3, 1981)
2.32.050 Board -Membership.
A. The membership of the board shall
consist of nine residents of the county. They
shall be appointed by the Board of County
Commissioners for a period of four years,
except that each membership may be
terminated by a majority vote of the Board of
Commissioners. Membership shall also
include one member of the Board of County
Commissioners who will have nonvoting, ex
officio status.
B. Appointments shall be made on a
staggered basis for a period of four years,
each beginning on July 1st in the year of
appointment, incumbents to serve until
regularly replaced.
C. At the expiration of the term of any
member of the board, the appointing body
shall appoint a new member, or may reappoint
a member, for a term of four years. If a
vacancy occurs, the appointing body shall
appoint a new member for the unexpired
term.
D. No person hereafter appointed shall
hold appointment as a member for more than
two full consecutive terms, but any person
may be appointed again to the board after an
interval of one year. (Ord. 88-006 § 1, 1988;
Ord. 81-030 Exhibit A, Art. 4 § 1-4, 1981)
232.060 Board -Compensation and
conflict of interest.
No member of the board shall have any
financial interest, either directly or indirectly,
in any contract to which the library is a party,
nor shall receive a salary or any payment for
material or for services rendered by the board.
(Ord. 81-030 Exhibit A, Art. 4 § 5, 1981)
232.070 Board -Expense reimbursement.
Board members shall be reimbursed for
expenses incurred in the performance of their
Chapter 2.32 1 (5/95)
duties, consistent with county policy. (Ord. 81-
030 Exhibit A, Art. 4 § 6, 1981)
2.32.080 Board -Meetings and
attendance.
Regular attendance at board meetings is
important. Members who are absent three
consecutive meetings during a one-year period
may be asked to resign, enabling the Board of
County Commissioners to appoint a
replacement. (Ord. 88-006 § 2, 1988; Ord. 81-
030 Exhibit A, Art. 4 § 7, 1981)
2.32.090 Board -Officers.
A. Officers of the board shall be a
chairperson and vice -chairperson.
B. Officers shall be elected each year at
the regular June meeting of the board.
Officers elected at such meeting shall assume
office on the July 1st following election. The
first regular meeting of the board each July
shall be the annual meeting of the board.
C. The chairperson shall preside at all
meetings, shall perform those functions usually
associated with the office, and shall be able to
make, second and vote on all motions. The
chairperson shall solicit and incorporate input
from all board members in the annual
performance evaluation of the library director,
consistent with the county personnel rules, to
be placed in the library director's personnel
file.
D. The vice -chairperson shall preside in the
absence of the chairperson.
E. The county treasurer shall have custody
of all the money the title of which is invested
by gift to the library, unless otherwise
provided by the terms of the gift.
F. The library director shall serve as
secretary to the board and shall keep record
of its actions. (Ord. 88-006 § 3, 1988; Ord. 83-
055 § 1, 1983; Ord. 81-030 Exhibit A, Art. 5 §
1-6,1981)
2.32.100 Library director -Powers and
duties.
A. The library director shall be the chief
executive of the county library, and as such
0146-0947
shall be responsible for the administration of
the library under the general policies approved
by the board. The director shall be directly
responsible to the board.
B. The duties and responsibilities of the
library director are:
1. The director shall attend all public
meetings of the board and shall have the right
to speak on all subjects under discussion, but
shall not have the right to vote;
2. The director shall have charge of all
properties belonging to the library and shall
be responsible for the proper discharge of
duties by all members of the staff, consistent
with the county personnel rules;
3. The board shall consider all
communications or petitions from employees
with respect to library policies; however, the
director shall have the right of
recommendation prior to that consideration;
4. No one shall be appointed to the library
staff except on the recommendation of the
director. The director shall be responsible to
the Board of County Commissioners for the
employment and supervision of the staff,
including all promotions, transfers, assignment
of duties, fixing of hours of employment, and
similar matters of administration, consistent
with county personnel rules;
5. The director shall recommend a capital
and operating budget to the board for
approval and further recommendation to the
Board of County Commissioners for final
approval; and
6. The director shall operate within
established budgetary categories. (Ord. 88-006
§ 4, 1988; Ord. 81-030 Exhibit A, Art. 9 § 1,
1981)
2.32.110 Regular and special meetings -
Quorum.
A. The regular monthly business meeting of
the board shall be the first Tuesday of each
month, at the Deschutes County Juvenile
Justice Building, at five p.m., or at such other
times or places as the board may determine.
B. Special meetings of the board may be
called by the chairperson at any time,
Chapter 2.32 2 (5/95)
provided that reasonable notice is given the
members.
C. A quorum for the transaction of
business shall consist of five voting members
of the board. (Ord. 88-006 § 5, 1988; Ord. 81-
030 Exhibit A, Art. 6 § 1-3, 1981)
2.32.120 Regular and special meetings -
Order of business.
A. The following agenda items must be
included at all board meetings:
1. Call to order;
2. Approval of minutes;
3. Citizen comments;
4. Library board concerns;
5. Staff reports; and
6. Adjournment.
B. Additional agenda items shall be
included as needed. (Ord. 88-006 § 6, 1988;
Ord. 81-030 Exhibit A, Art. 10 § 1, 1981)
2.32.130 Board -Committees.
Special committees may be appointed by the
chairperson from time to time to study areas
of special interest. Such committees shall
serve until the completion of the work for
which they were appointed or until disbanded
by a majority vote of the board. (Ord. 88-006
§ 7, 1988; Ord. 81-030 Exhibit A, Art. 7 § 1,
1981)
2.32.140 Board -Powers and duties.
As provided in Oregon Revised Statutes
357.490 and 357.520, the Board of County
Commissioners vests in the board the
following responsibilities:
A. Recommending the appointment or
dismissal of the library director to the Board
of County Commissioners;
B. Recommending to the Board of County
Commissioners the addition or deletion of
categorical staff positions;
C. Formulating rules and policies for the
governance of the library;
D. Preparing and submitting an annual
budget request;
E. Approving all capital expenditures from
the library fund or the library building fund;
0146-0948
F. Acceptance, use or expenditure of any
real or personal property or funds donated to
the library, or purchase, control or disposal of
real and personal property necessary for the
purpose of the library, except that each
donation shall be administered in accordance
with its terms and all property or funds shall
be held by the county;
G. Recommend to the Board of County
Commissioners selection of sites for public
library buildings or for location of library
facilities;
H. Recommend to the Board of County
Commissioners on matters of entering into
contracts;
I. Adopting rules and regulations for the
purpose of rendering the use of the library to
the greatest benefit of the people of the
county. The board or its authorized
representative shall exclude and cut off from
the use of the library any persons who wilfully
violate such rules, or may levy reasonable
fines for violations of such rules and
regulations. The board may, upon such terms
as may be deemed proper, extend the
privileges and use of such library to
nonresidents of the taxing district which
supports it, and may provide for the
interchange of books with any other library;
J. Such other activities as the Board of
County Commissioners may assign;
K. Make an annual report to the State
Library and to the Board of County
Commissioners;
L. The board shall be responsible for
acting or recommending action to assure
ongoing distribution of information about the
library to the community, and for involving
the community with library projects, policies
and issues; and
M. The board shall assume responsibility
for soliciting and accepting community
concerns and comments regarding library
issues and shall take or recommend action as
appropriate regarding those concerns and
comments. (Ord. 88-006 § 8, 1988; Ord. 81-
030 Exhibit A, Art. 8 § 1, 1981)
Chapter 2.32 3 (5/95)
0146-0949
9
2.32.150 Amendments to chapter
provisions.
The following procedures shall govern the
enactment of amendments to the bylaws
codified in this chapter.
A. Proposed amendments shall be
presented at a regular monthly business
meeting of the board;
B. The action on the proposed
amendments shall be deferred until the next
regularly scheduled monthly business meeting
of the board; and
C. Adoption of amendments to these
bylaws shall be by at least six members of the
board and by two-thirds vote of the Board of
County Commissioners. (Ord. 88-006 § 9,
1988; Ord. 81-030 Exhibit A, Art. 11 § 1,
1981)
Chapter 2.32 4 (5/95)
0146-0950
Chapter 236
LOCAL CONTRACT REVIEW BOARD
Sections:
236.010 Purpose -Statutory authority.
2.36.020 Creation and functions of
board.
236.010 Purpose -Statutory authority.
The purpose of this chapter is to authorize
the Board of County Commissioners to
perform the duties of a local contract review
board in lieu of permitting the Public Contract
Review Board to perform the functions of
reviewing public contracts as required by
Oregon Laws 1975, Chapter 771. (Ord. 203-8
§ 1, 1976)
236.020 Creation and functions of
board.
The Board of County Commissioners is
designated a local contract review board to
perform the functions of the Public Contract
Review Board. (Ord. 203-8 § 2, 1976)
Chapter 2.36 1 (5/95)
Chapter 2.40
LOCAL ALCOHOL AND DRUG
PLANNING COMMITTEE
Sections:
2.40.010
Designated as local alcoholism
planning committee.
2.40.020
Membership.
2.40.030
Powers and duties.
2.40.040
Coordination of functions.
2.40.010 Designated as local alcoholism
planning committee.
The local alcohol and drug planning
committee is designated the local alcoholism
planning committee for Deschutes County,
pursuant to Oregon Revised Statutes 430.342.
(Ord. 85-033 § 1, 1985)
2.40.020 Membership.
Members of the committee shall be
appointed by the Board of County
Commissioners, and shall be representative of
the geographic area, and be persons with
interests or experience in developing programs
dealing with alcohol and drug problems. The
membership of the committee shall include a
number of minority members which
reasonably reflects the proportion of the need
for alcoholism treatment and rehabilitation
services of minorities in the community. (Ord.
85-033 § 4, 1985)
2.40.030 Powers and duties.
The local alcohol and drug planning
committee shall serve to insure the orderly
development and maintenance of needed
services in the area of alcohol and drug
problems in the county by performing the
following functions:
A. Identify needs and establish priorities
for alcoholism and drug rehabilitation services;
B. Coordinate the planning for local
programs dealing with prevention, treatment
and rehabilitation of alcohol and drug
problems;
N 46- Yfv 51
C. Review and recommend an application
for new and the continuation of local, state
and federal funds for local alcohol and drug
programs;
D. Develop the local portion of the annual
State Alcohol and Drug Plan, subject to the
county mental health and Board of County
Commission review and recommendations.
(Ord. 85-033 § 2, 1985)
2.40.040 Coordination of functions.
The local alcohol and drug planning
committee shall coordinate its functions and
activities with the local mental health
program, the local private nonprofit Alcohol
Council, and other public and private
providers of alcohol and drug services. (Ord.
85-033 § 3, 1985)
Chapter 2.40 1 (5/95)
0z 4 6-ogo
Chapter 2.44
ESTABLISHMENT OF WAYS OF
NECESSITY
Sections:
2.44.010 Jurisdiction -County circuit
court duties.
2.44.020 Effect of chapter provisions.
2.44.010 Jurisdiction -County circuit
court duties.
The Board of County Commissioners is
hereby removed from jurisdiction of the
statutory establishment of ways of necessity.
The Circuit Court of the county shall have
jurisdiction of the statutory establishment of
ways of necessity pursuant to section 10(2)
of Oregon Laws 1979, chapter 862, and
Oregon Revised Statutes 376.200. (Ord. 82-
045 § 1, 1982)
2.44.020 Effect of chapter provisions.
Nothing in this chapter affects any
proceedings to establish a way of necessity if
that proceeding is initiated before the
effective date of the ordinance codified in
this chapter. (Ord. 82-045 § 2, 1982)
Chapter 2.44 1 (5/95)
Chapter 2.48
DESCHUTES BASIN RESOURCE
COMMITTEE
Sections:
2.48.010
Created.
2.48.020
Purpose of committee.
2.48.030
Advisory authority -Scope.
2.48.040
Membership, staff and
support.
2.48.050
Powers and responsibilities.
2.48.060
Supporting findings and
conclusions.
2.48.010 Created.
There is created the Deschutes Basin
resource committee. (Ord. 86-063 § 1 (part),
1986)
2.48.020 Purpose of committee.
A. The purpose of the Deschutes Basin
resource committee is to recommend to the
Board of County Commissioners and the
Bend City Commission the means to
accomplish the water resources goals and
policies contained within the Deschutes
County/City of Bend river study, and to
provide an ongoing forum for direction and
policy for maintaining and enhancing the
Deschutes River Basin.
B. Because many of the river study goals
and policies are beyond the scope of city or
county jurisdiction and require action by
state agencies or the Legislature, the
committee's purpose also is to review and
monitor state laws and to recommend to the
Board of County Commissioners and the
Bend City Commission changes in such laws
necessary to carry out the goals and policies
contained in the river study. (Ord. 86-063 §
1 (1), 1986)
2.48.030 Advisory authority -Scope.
The Deschutes Basin resource committee
is an advisory committee charged with
making recommendations to the Board of
01'&,6-095_3
County Commissioners and the Bend City
Commission on how to implement the water
resources goals and policies of the river
study and other matters dealing with the
Deschutes River and its tributaries. (Ord.
86-063 § 1(2), 1986)
2.48.040 Membership, staff and
support.
A. The Deschutes Basin resource
committee shall be made up of the following
members, to be appointed jointly by the
Board of County Commissioners and the
Bend City Commission, and at least one
member of which is from Jefferson County:
1. Two representatives from the
irrigation distracts;
2. One representative from the Oregon
Department of Water Resources;
3. One representative from the Oregon
Department of Fish and Wildlife;
4. One representative from non -
consumptive water resource users (e.g., re -
creators);
5. One representative from a local
conservation or environmental organization;
6. One representative from the business
community;
7. Two representatives from the public at
large.
B. The county and city shall provide
adequate staff and material support for the
committee. (Ord. 86-063 § 1(3), 1986)
2.48.050 Powers and responsibilities.
In providing advice and recommendations
to the Board of County Commissioners and
the Bend City Commission, the Deschutes
Basin resource committee should:
A. Request assistance through Bonneville
Power Administration's (BPA's) technical
assistance program for technical
improvements in methods of irrigation and
means of conservation of both water and
energy, and request assistance from the
Water Resources Department, Bureau of
Reclamation, and the Soil and Conservation
Districts, to initiate an in-depth study and
Chapter 2.48 1 (5/95)
0146-o954
set priority of actions that should be taken
to improve the irrigation districts' delivery
system;
B. Review and study of state water laws;
C. Study and make recommendations
consistent with the goals and policies of the
comprehensive plans related to water
resources;
D. Report to the Board of County
Commissioners and the city commission at
least semiannually. (Ord. 86-063 § 1(4),
1986)
2.48.060 Supporting findings and
conclusions.
The Board of County Commissioners
adopts as its findings and conclusions
supporting the ordinance codified in this
chapter the Staff Report, dated May 21,
1986, relating to the Deschutes River
Corridor. (Ord. 86-063 § 2, 1986)
Chapter 2.48 2 (5/95)
u� '91
Chapter 2.50 compensation, but shall be reimbursed for
authorized expenses. (Ord. 95-013 § 1, 1995)
BOARD OF SUPERVISORS
Sections:
2.50.010
Board name.
2.50.020
Board membership.
2.50.030
Compensation -Expense
reimbursement.
2.50.040
Meetings, attendance and
quorum.
2.50.050
Powers and duties.
2.50.060
Conflicts of interest.
2.50.070
Appeal.
2.50.010 Board name.
The name of the board shall be the
Deschutes County board of supervisors,
hereinafter in this chapter called "the board."
(Ord. 95-013 § 1, 1995)
2.50.020 Board membership.
A. The membership of the board shall
consist of five residents of -the county. At
least two members shall be directly or
indirectly connected with the livestock
industry.
B. Members shall be appointed by the
Board of Commissioners for a term of two
years, except that each membership may be
terminated by a majority vote of the Board
of Commissioners.
C. Appointments shall be made on a
staggered basis, with each beginning on July
1 of the year of appointment, incumbents to
serve until regularly replaced.
D. At the expiration of the term of any
member, the Board of Commissioners shall
appoint a new member or may reappoint a
member for a term of two years. If a
vacancy occurs, the appointing body shall
appoint a new member for the unexpired
term. (Ord. 95-013 § 1, 1995)
2.50.030 Compensation -Expense
reimbursement.
No board member shall receive
2.50.040 Meetings, attendance and
quorum.
A. The board shall convene a hearing
promptly:
1. Upon notice of a damage claim filed
under Deschutes County Code 6.12.070;
2. After completion of any tests
administered pursuant to Deschutes County
Code 6.12.040(B), to determine whether a
dog has been engaged in killing, wounding
or chasing livestock.
B. Involved dog owners and livestock
owners shall be given reasonable notice of
hearings.
C. Members absent three consecutive
hearings may be asked to resign, enabling
the Board of County Commissioners to
appoint a replacement.
D. A majority of the board shall
constitute a quorum. (Ord. 95-013 § 1, 1995)
2.50.050 Powers and duties.
As provided in Oregon Revised Statutes
609.030(2), the Board of County
Commissioners vests in the board the
following responsibilities:
A. To conduct hearings to determine
whether an impounded dog has been
engaged in killing, wounding, injuring or
chasing livestock in accordance with
Deschutes County Code 6.12.050-060.
B. To conduct damage claims hearings in
accordance with Deschutes County Code
6.12.080. (Ord. 95-013 § 1, 1995)
2.50.060 Conflicts of interest.
A member of the board shall not
participate in any board proceeding or
action in which any of the following have a
direct, substantial financial interest: the
member or his spouse, brother, sister, child,
parent, father-in-law, mother-in-law, or any
business with which he is negotiating for or
has an arrangement or understanding
concerning prospective investment or
Chapter 2.50 1 (5/95)
0146-0956
employment. Any actual or potential
interest shall be disclosed at the meeting of
the board where the matter is being
considered. (Ord. 95-013 § 1, 1995)
2.50.070 Appeal.
The decision of the board shall be the
final decision of the County. (Ord. 95-013 §
1, 1995)
Chapter 2.50 2 (5/95)
Chapter 2.52
DESCHUTES COUNTY PLANNING
COMMISSION
Sections
2.52.010
Created jurisdiction.
2.52.020
Membership -qualifications.
2.52.030
Expense reimbursement.
2.52.040
Removal from office -
conditions.
2.52.050
Vacancy filling.
2.52.060
Chair and Vice -chair.
2.52.070
Meeting schedule.
2.52.080
Quorum, rules and
procedures.
2.52.090
Conflicts of interest.
2.52.100
Powers and duties.
2.52.110
Advisory duties.
2.52.120
Staff services.
2.52.010 Created - Jurisdiction.
There shall be a Deschutes County Planning
Commission ("commission"). It shall be the
planning commission for the unincorporated
area of the county outside the adopted Urban
Growth Boundaries of the Bend, Redmond
and Sisters urban areas. (Ord. 94-048 § 2,
1994; Ord. 94-056 § 4, 1994)
2.52.020 Membership - Qualifications.
A. The commission shall be composed of
seven members, appointed by the Board of
County Commissioners, who reside within the
County.
B. No more than two members may be
engaged in the same kind of occupation,
business, trade or profession or be members,
officers or employees of any partnership or
corporation that engages principally in the
buying, selling or developing of real estate for
profit.
C. No commission member shall serve
more than two full terms or 10 years,
whichever is greater, except that the Board of
County Commissioners may extend the term
of a planning commission member to
Chapter 2.52
0146-Q9r,
complete a project which commenced prior to
expiration of the term. In no case shall such
extension exceed six months.
D. The membership of the commission
shall, as much as possible, be representative of
the various geographic areas of the county.
This should generally consist of the following:
One member from the south county area of
La Pine and Sunriver (Townships 19-22); two
members from the Bend area (Townships 17
and 18); one member from the Tumalo area
(Townships 16, Ranges 11 or 12); one member
from the Sisters area (Townships 14 or 15,
Ranges 9, 10 and 11); one member from the
Redmond area (Townships 14 or 15, Ranges
12 or 13); and one member at large. Failure
to achieve such geographic representation
shall not affect the validity of any action taken
by the planning commission. (Ord. 94-048 §
2, 1994; Ord. 94-056 § 4, 1994)
2.52.030 Expense reimbursement.
Commission members shall receive no
compensation, but shall be reimbursed for
authorized expenses. (Ord. 94-048 § 2, 1994;
Ord. 94-056 § 4, 1994)
2.52.040 Removal from office -
Conditions.
A member of the commission may be
removed by the Board of County
Commissioners for findings of misconduct,
nonperformance of duty, or three consecutive
unexcused absences from regular meetings.
(Ord. 94-048 § 2,1994; Ord. 94-056 § 4,1994)
2.52.050 Vacancy filling.
Vacancies on the commission shall be filled
by the Board of County Commissioners for
the unexpired term of the predecessor in
office. Vacancies in the commission created
by the expiration of a member's term shall be
filled by the Board of County Commissioners
for a term of four years. The terms of office
shall start on July 1. (Ord. 94-048 § 2, 1994;
Ord. 94-056 § 4, 1994)
(5/95)
2.52.060 Chair and Vice -Chair.
At its first meeting in January of each year,
the commission shall elect from among its
membership a chair and a vice -chair. No
commissioner shall be chair for more than two
consecutive years. (Ord. 94-048 § 2, 1994;
Ord. 94-056 § 4, 1994)
2.52.070 Meeting schedule.
The commission shall hold at least one
regular meeting each month at a time and
place fixed by it. (Ord. 94-048 § 2, 1994; Ord.
94-056 § 4, 1994)
2.52.080 Quorum, rules and procedures.
A majority of the members of the
commission shall constitute a quorum. The
commission may establish rules, regulations
and procedures for its operation consistent
with applicable laws of the state and the
county. (Ord. 94-048 § 2, 1994; Ord. 94-056
§ 4, 1994)
2.52.090 Conflicts of interest.
A member of the commission shall not
participate in any commission proceeding or
action in which any of the following have a
direct, substantial financial interest: the
member or his or her spouse, brother, sister,
child, parent, father-in-law, mother-in-law or
any business which he or she is negotiating for
or has an arrangement or understanding
concerning prospective investment or
employment. Any actual or potential interest
shall be disclosed at the meeting of the
commission where the matter is being
considered. (Ord. 94-048 § 2, 1994; Ord. 94-
056 § 4, 1994)
2.52.100 Powers and duties.
A. The commission shall have the following
duties:
1. To carry out a comprehensive planning
program, using citizen input and public
hearings when appropriate, within its area of
jurisdiction and to coordinate its activities with
other jurisdictions, planning bodies and
districts;
0146-0958
2. To review at its discretion land use
decisions of the Hearings Officer within its
jurisdiction under Deschutes County
ordinances;
3. To act as the citizen involvement
committee under the Deschutes County
Comprehensive Plan, PL -20 and advise the
Board of County Commissioners on citizen
involvement programs; to study and propose
such measures as are advisable for promotion
of the public interest, health, safety, comfort,
convenience and welfare within the geographic
area of the Commissions' jurisdiction. (Ord.
94-048 § 2, 1994; Ord. 94-056 § 4, 1994)
2.52.110 Advisory duties.
The commission may:
A. Recommend and make suggestions to
the Board of County Commissioners and
other public authorities concerning the laying
out, widening, extending and locating of public
thoroughfares, parking of vehicles, relief of
traffic congestion, betterment of housing and
sanitation conditions, and establishment of
districts for limiting the use, height, area, bulk
and other characteristics of buildings and
structures related to land development within
the county.
B. Recommend to the Board of County
Commissioners, and other public authorities,
plans for regulating the future growth,
development and beautification of the county,
and development within the county of proper
sanitation, public utilities, transportation
facilities and appropriate incentives for overall
energy conservation;
C. Recommend to the Board of County
Commissioners, and other public authorities,
plans for the promotion, development and
regulation of the economic needs of the
community.
D. Evaluate and make recommendations to
the Board of County Commissioners, and
other public authorities, on the regulation,
conservation and use of natural resources.
(Ord. 94-048 § 2,1994; Ord. 94-056 § 4,1994)
Chapter 2.52 2 (5/95)
(-Y1406-09,59
2.52.120 Staff services.
The county planning staff is responsible for
preparing staff reports and submitting them to
the commission. The staff shall prepare
public notices and set agendas for the
planning commission. The staff shall keep
minutes, findings and reports of the planning
commission as public records. The county
planning director and county legal counsel or
their respective designees may serve as ex
officio, nonvoting members of the planning
commission. (Ord. 94-048 § 2,1994; Ord. 94-
056 § 4, 1994)
Chapter 2.52 3 (5/95)