1998-13818-Ordinance No. 98-019 Recorded 3/12/1998�1REVIEWEDTO FORM REREVIEWED
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CODE%EVIEW COMM. LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
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An Ordinance Amending Sections 22.28.040, Reapplication
Limited, 22.32.015, Filing Appeals, and 22.24.020, Hearings
Body, and Adding Section 22.04.060, Definition -120 -Day,
of the Deschutes County Code, to Allow Reapplication
Immediately Following a Land Use Permit Denial, and
Declaring an Emergency.
ORDINANCE NO. 98-019
CLERK
THE BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. AMENDMENT. Deschutes County Code Section 22.28.040, Reapplication
limited, is amended to read as described in Exhibit "A," attached hereto and by this reference
incorporated herein, with new language underlined and language to be deleted in str-i eugk.
Section 2. AMENDMENT. Deschutes County Code Section 22.32.015, Filing appeals, is
amended to read as described in Exhibit `B," attached hereto and by this reference incorporated herein,
with new language underlined.
Section 3. AMENDMENT. Deschutes County Code Section 22.24.020, Hearings body, is
amended to read as described in Exhibit "C," attached hereto and by this reference incorporated herein,
with new language underlined.
Section 4. ADDING. Deschutes County Code Section 22.04.060, Definition -120 -day, is
hereby added to read as set forth in Exhibit "D," attached hereto and by this reference incorporated
herein.
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: March 11, 1998.
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:
Recording Secretary
PAGE 1 OF 1 - ORDINANCE NO. 98-019 (3/11/98)
OF COUNTY COMMISSIONERS FOR
L. S
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NIPPER,
kRINGEN',—commissioner
MICROFILMED i 3
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,'SPR 0 11998
EXHIBIT "A" 0164-2662
22.28.040. Reapplication limited.
A. If a specific application is denied
on the its merits, tfe reapplication for
substantially the same proposal may be made €ef
(6) m nths f llowir - at any time after the
date of the final decision denying the initial
application
B. Notwithstanding subsection A of
this section, a final decision bars any
reapplication for a nonconforming use
verification or for a determination on whether an
approval has been initiated. A lot of record
determination shall be subject to reapplication
under subsection A only if the applicant presents
new factual evidence not submitted with the prior
application. (Ord. 98-019 § 1, 1998; Ord. 95-045
§ 24, 1995; Ord. 90-007 § 11, 1990)
PAGE 1 OF l - EXI11BIT "A" TO ORDINANCE NO. 98-019 (3/11/98)
EXHIBIT "B"
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22.32.015. Filing appeals.
A. To file an appeal, an
appellant must file a completed notice of
appeal on a form prescribed by the Planning
Division and an appeal fee.
B. Unless a request for
reconsideration has been filed, the notice of
appeal and appeal fee must be received at the
offices of the Deschutes County Community
Development Department no later than 5:00
PM on the tenth day following mailing of the
decision. If a decision has been modified on
reconsideration, an appeal must be filed no
later than 5:00 PM on the tenth day following
mailing of the decision as modified. Notices
of Appeals may not be received by facsimile
machine.
C. If the Board of County
Commissioners is the Hearings Body and the
board declines review, a portion of the appeal
fee may be refunded. The amount of any
refund will depend upon the actual costs
incurred by the County in reviewing the
appeal. When the board declines review and
the decision is subsequently appealed to
LUBA, the appeal fee may be applied toward
the cost of preparing a transcript of the lower
Hearings Body's decision.
D. The appeal fee shall be paid
by cash or check or money order, except that
local, state or federal governmental agencies
may supply a purchase order at the time of
filing. (Ord. 98-019 § 2,1998; Ord. 96-071 §
1G, 1996; Ord. 95-045 § 32, 1995; Ord.
94-042 § 2, 1994; Ord. 91-013 §11, 1991;
Ord 90-007 § 1, 1990)
PAGE I OF 1 - EXHIBIT "B" TO ORDINANCE NO. 98-019 (3/11/98)
EXHIBIT 0164-2664
22.24.020. Hearings body.
A. The following shall serve as
the Hearings Body in this order:
1. Hearings Officer.
2. Planning Commission,
where the Planning Commission initiates a
review of an administrative action or
Hearings Officer's decision pursuant to
Section 22.28.050 of this title and the
applicant has waived in writing the 120 -day
time limit.
3. Board of County
Commissioners, except within the
acknowledged urban growth boundary for the
Bend Urban Area, where the Bend City
Council shall be the Hearings Body for those
land use action applications that the County
has delegated decision-making uthority to
the City of Bend.
B. Where the Hearings Officer
declines to hear a matter on the grounds of a
conflict of interest, the Planning Commission
shall substitute for the Hearings Officer. In
the Redmond Urban Area, the initial
Hearings Body for a quasi-judicial plan
amendment or zone change may at the
discretion of the Planning Director be either
the Planning Commission or the Hearings
Officer. (Ord. 98-019 § 3, 1998; Ord. 96-071
§ 1 D, 1996; Ord. 95-045 § 11 A, 1995; Ord.
90-007 § 1, 1990)
PAGE 1 OF 1 - EXHIBIT "C" TO ORDINANCE NO. 98-019 (3/11/98)
EXHIBIT "D"
22.04.060 Definition -120 -day.
"120 -day," as used in this title shall have the
meaning found in Section 2, chapter 414, Oregon
Laws 1997. (Ord. 98-019 § 4, 1998)
PAGE 1 OF 1 - EXHIBIT "D" TO ORDINANCENO. 98-019 (3/11/98)
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