1995-43207-Ordinance No. 95-071 Recorded 12/14/1995REVIEWED
9r-^-"07
1 LER COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COU Y, OREGON
5 Lr lam:,
An Ordinance Amending Title 22,
Procedures Ordinance, of the
Deschutes County Code and
Declaring an Emergency
ORDINANCE NO. 95-071
it J '
®148-1588
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Amendment. Chapter 22.24, Land Use Action Hearings, 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. Amendment. Chapter 22.32, Appeals, as amended and as presented here in its
codified form is further amended to read as set forth in Exhibit B, attached hereto and by this reference
incorporated herein, with new language in bold type and deletions noted in brackets.
Section 3. Amendment. Chapter 22.36, Limitations on Approvals, as amended and as presented
here in its codified form is further amended to read as set forth in Exhibit C, attached hereto and by this
reference incorporated herein, with new language in bold type and deletions noted in brackets.
Section 4. 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 5. 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 6. 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.
rt; i"'-'JAED 1 1995
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1 - ORDINANCE 95-071 (12/07/95) DEC 2 1I995
X148-589
DATED this /3 day of , 1995.
ATTEST:
az--L�-
Recording Secretary
2 - ORDINANCE 95-071 (12/07/95)
BOARD OF COUNTY COMMISSIONERS
DES
UNTY, OREGON
w )�N
BA RY HJ SL HTER, Chairman
NANC PQ�E SCHLANGEN, Com njssioner
7
R ERT L. NIPPER, Commissioner
EXHIBIT A
22.24.030 Notice of hearing or
administrative action.
A. Individual Mailed Notice.
1. Except as otherwise provided for herein,
notice of a land use application shall be
mailed at least twenty (20) days prior to the
hearing for those matters set for hearing, or
within ten (10) days after receipt of a
complete application for those matters to be
processed administratively with notice.
Written notice shall be sent by mail to the
following persons:
a. The applicant.
b. Owners of record of property as shown
on the most recent property tax assessment
roll of property located:
1. Within one hundred (100) feet of the
property that is the subject of the notice
where any part of the subject property is
within an urban growth boundary;
2. Within two hundred fifty (250) feet of
the property that is the subject of the notice
where the subject property is outside an urban
growth boundary and not within a farm or
forest zone; or
3. Within five hundred (500) feet of the
property that is the subject of the notice
where the subject property is within a farm or
forest zone.
c. For a solar access or solar shade
exception application, only those owners of
record identified in the application as being
burdened by the approval of such an
application.
d. The owner of a public use airport if the
airport is located within 10,000 feet of the
subject property.
e. The tenants of a mobile home park
when the application is for the rezoning of any
part or all of a mobile home park.
f. The planning commission.
g. Any neighborhood or community
organization formally recognized by the board
under criteria established by the board whose
boundaries include the site.
2. Notwithstanding subsection A.1.a.1. of
0148-1590
this section, all owners of property within 250
feet of property that is the subject of a plan
amendment application or zone change
application shall receive notice.
3. The failure of a property owner to
receive mailed notice shall not invalidate any
land use approval if the Planning Division can
show by affidavit that such notice was given.
B. Posted Notice.
1. Notice of a land use action application
for which prior notice procedures are chosen
shall be posted on the subject property for at
least 10 [20] continuous days prior to any
hearing or date set for receipt of comments.
Such notice shall, where practicable, be visible
from any adjacent public way.
2. Posted notice of an application for a
utility facility line approval shall be by posting
the proposed route at intervals of not less
than one-half mile. The notice shall be posted
as close as practicable to, and be visible from,
any public way in the vicinity of the proposed
route.
3. Notice of a solar access application
shall be posted as near as practicable to each
lot identified in the application.
4. [At least twenty (20) days] Prior to any
initial hearing, the applicant shall provide an
affidavit attesting to the fact that notice has
been posted as required by this section.
Failure to provide the affidavit as required
may result in continuation of the hearing, in
which case, the applicant shall be deemed to
have suspended the running the 120 -day time
limit for the period of the continuance.
C. Published Notice. In addition to notice
by mail and posting, notice of a hearing shall
be published in a newspaper of general
circulation in the County at least twenty (20)
days prior to the hearing.
D. Media Notice. Copies of the notice of
hearing shall be transmitted to other
newspapers published in Deschutes County.
(Ord. 95-045 § 12, 1995; Ord. 91-013 § 7-8,
1991; Ord. 90-007 § 1, 1990)
Chapter 22.24 1 (12/95)
EXMBIT B 01 8..-159. 1
Chapter 22.32
APPEALS
Sections:
22.32.010
Who may appeal.
22.32.015
Filing appeals.
22.32.020
Notice of appeal.
22.32.022
Determination of
jurisdictional Defects.
22.32.025
Consolidation of multiple
appeals.
22.32.030
Hearing on appeal.
22.32.035
Declining review.
22.32.040
Land use action hearings
on appeal from the hearings
officer.
22.32.050
Development action appeals.
22.32.060
Rehearing.
22.32.070
Remands.
22.32.080
Withdrawal of an appeal.
22.32.010 Who may appeal.
A. The following may file an appeal:
1. A party;
2. In the case of an appeal of an
administrative decision without prior notice, a
person entitled to notice, a person adversely
affected or aggrieved by the administrative
decision, or any other person who has filed
comments on the application with the Planning
Division; and
3. A person entitled to notice and to
whom no notice was mailed. A person who, after
such notices were mailed, purchases property to be
burdened by a solar access permit shall be
considered a person to whom notice was to have
been mailed; and
4. A city, concerning an application
within the urban area for that city, whether or not
the city achieved party status during the
proceeding.
B. A person to whom notice is mailed
is deemed notified even if notice is not received.
(Ord. 95-071 § 1, 1995; Ord. 95-045 § 31, 1995;
Ord. 90-007 § 1, 1990)
3 - ORDINANCE 95-071 (12/07/95)
EXHIBIT C 0148--1592
22.36.025 Transition rules
- applicability.
A. The two-year duration period set forth
in section 22.36.010(B) shall be applied only
to land use approvals issued after the effec-
tive date of Ordinance 95-018.
B. Notwithstanding any condition to the
contrary in an individual approval, a deter-
mination may be made for any land use
approval described in Section 22.36.010(B)
whether or not issued prior to the effective
date of Ordinance 95-018, under Section
22.36.010(D)(1) as to whether a use was
"initiated" within the duration of the land
use approval. If it is determined that the
use was "initiated" during the life of the
permit, the permit will be considered to be
a valid existing [subsisting] permit and any
land use described in the permit will be
deemed to be authorized under the County's
ordinances, subject to any applicable revoca-
tion provisions.
C. For any land use approvals whose
initial term had not expired as of the effec-
tive date of this ordinance, extensions may
be granted under Section 22.36.010(C) or,
except for permits in the farm and forest
zones, as a matter of discretion by the Plan-
ning Director as set forth under former
DCC Section 22.36.020 otherwise repealed
by Ordinance 95-018. (95-018 § 2A, 1995)
Chapter 22.36 1 (12/95)