43-219-Ordinance No. 82-011 Recorded 8/3/1982VC ` cx ~ 21 9:
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUT98 COUNTY, OREGON
An Ordinance Providing for
Uniform Land Use Action
Procedures, Repealing
Ordinance P1-9, As Amended,
Article X and XI of Ordinance
No. 80-201, as Amended, and
Section 11.030 of ordinance
No. 81-043, Continuing Lia-
bilities, and Declaring an
Emergency.
ORDINANCE NO. 82-011
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Introduction. This Ordinance is enacted to pro-
vide a uniform procedure for administrative actions and hearings.
This Ordinance shall be known as the Deschutes County Uniform Land
Use Procedure Ordinance.
Section 2. Land Use Permit. The words Land Use Permit, as
used in this ordinance, mean any land use permit, other than a
building, sign, sanitation, or utility connection permit.
Section 3. Administrative Actions. An application for a
Land Use Permit, other than a Type I Subdivision, Planned Unit
Development, Planned Community, Destination Resort, Comprehensive
Plan Map Amendment, and Zone Change may be decided as an adminis-
trative action.
1. Such an application shall be made to the Planning
Director who may act upon the application or refer the application
to the Hearings Body for hearing.
2. Notice of the application shall be sent within ten
(10) days of the receipt of the application to persons entitled
notice as provided in Section 7.
3. Any person may comment in writing on the application
within ten (10) days from the date notice was mailed.
4. The Planning Director's decision shall be made
within twenty (20) days after the mailing of notice.
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5. The Applicant and all persons commenting as provided
in this Section constitute parties to the administrative decision.
Any party can appeal the decision in accordance with Section 22 of
this ordinance. On appeal, a de novo hearing shall be held.
Section 4. Site Plan Review. If a Site and Design Review
Committee reviews Site Plan applications, such review shall be in
accordance with the procedures as set forth in Section 3 of this
Ordinance.
Section 5. Filing of Staff Report for Hearing.
1. At the time an application requiring a hearing is
filed, a hearings date shall be determined.
2. A staff report shall be completed fifteen (15) days
prior to hearing.
3. A copy of the staff report shall be mailed to the
Applicant, made available to such other persons who request a
copy, and shall be filed with the hearings body.
4. Oral or written modifications and additions to the
staff report shall be allowed prior to or at the hearing.
Section 6. Hearings Body Order. The following shall serve
as Hearings Body in this order:
1. Hearings Officer
2. Planning Commission
3. Board of County Commissioners
Section 7. Notice of Hearing or Administrative Action.
1. Notice of an application for a Land Use Permit,
other than a utility facility line, shall be mailed at least ten
(10) days prior to the hearing for those matters set for hearing,
or within ten (10) days after receipt of an application for admin-
istrative action. Written notice shall be sent by mail to the
following persons:
a. The Applicant.
b. All owners of property abutting the property which
is the subject of the application. For the purpose of determin-
ing whether property abuts another property, intervening public
and private ways and water courses shall not be considered.
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C. All owners of property located within 250 feet of
the property which is the subject of a Plan Amendment applica-
tion or Zone Change application.
2. Notice for all applications shall also be posted on the
property and be visible from any adjacent public way, where prac-
ticable.
3. Notice for a utility facility line permit 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 and be
visible from any public way in the vicinity of the proposed route.
4. In addition to notice by mail or posting, notice of a
hearing or administrative action shall be published in a newspaper in
the County at least ten (10) days prior to the hearing or administra-
tive action.
5. The failure of a property owner to receive mailed
notice shall not invalidate any permit.
Section 8. Contents of Notice.
1. All notices shall provide reasonable notice of the
hearing or administrative action, the nature of the applicant's
request, and the right to comment in writing. If a hearing is to be
held, the notice shall also inform interested persons of their right
to appear at the hearing on the application.
2. All notices for hearings shall contain a statement that
recipients may request a copy of the staff report.
Section 9. Burden of Proof. The burden of proof is upon the
one seeking change.
Section 10. Nature of Evidence. All relevant evidence shall be
received.
Section 11. Limitation on Oral Presentations. The hearings
body may set reasonable time limits.
Section 12. Standing. Any person appearing on the record at
the hearing or presenting written evidence in conjunction with an
administrative action or hearing shall have standing and shall be a
party.
Section 13. Record.
1. A magnetic tape record of the hearing shall be made.
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2. All exhibits presented shall be marked to show the
identity of the person offering the evidence.
3. Exhibits shall be numbered in the order presented, in
two categories, Proponents and Opponents, and shall be dated.
4. When introduced, the Proponent or opponent Exhibit
number or letter shall be read into the record.
Section 14. Prohibition on Pre-Hearing Contacts. The Hearings
Body, or any member thereof, shall not communicate directly or
indirectly with any party or his representative in connection with
any issue involved in a hearing except upon notice and opportunity
for all parties to participate. Any pre-hearing contacts shall be
disclosed prior to the hearing.
Section 15.
Interest.
Challenge for Bias, Prejudgment or Personal
1. Prior to or at the commencement of a hearing, any party
may challenge the qualification of the hearings body, or a member
thereof, for bias, prejudgment or personal interest. The challenge
shall be documented with specific reasons supported by facts.
2. Should qualifications be challenged, the Hearings Body
or the member shall disqualify itself, withdraw or make a statement
on the record of its capacity to hear.
Section 16.
Hearing Procedure.
1. A hearing shall be conducted in the following order:
a. The hearings body shall explain the purpose of the
hearing and announce the order of proceedings, including reason-
able time limits on presentations by parties.
b. A statement by the hearings body regarding
pre-hearing contacts, bias, prejudice or personal interest shall
be made.
C. Any facts received, noticed or recognized outside
of the hearing shall be stated into the record.
d. Challenges to the hearings body's qualifications to
hear the matter shall be stated.
e. Order of presentation:
1. Staff report
2. Proponents' presentation
3. Opponents' presentation
4. Proponents' rebuttal
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5. Opponents' rebuttal may be allowed in the
discretion of the Hearings Body
6. Staff comment
7. Questions from or to the chair may be
entertained at any time at the Hearings Body's
discretion.
Section 17. Objections to Jurisdiction, Procedure, Notice or
Qualifications. Any objections not raised prior to or during the
hearing are waived.
Section 18. Notice of Decision. The final decision shall be in
writing and mailed to all parties; provided, however, one person may
be designated by the Hearings Body to be the recipient of the deci-
sion for a group, organization, group of Petitioners, or similar
collection of individuals constituting parties.
Section 19. Reapplication Limited. If a specific application is
denied, no reapplication for substantially the same proposal may be
made for six (6) months following the date of the final decision.
Section 20. Temporary Permit. The Planning Director or Board of
County Commissioners may authorize a Temporary Land Use Permit for a
period not to exceed six (6) months, provided:
submitted.
1. An application for the Land Use Permit has been
2. The Applicant has demonstrated good and sufficient
cause for such a temporary permit.
3. It appears that the application will be approved in
substantially the form submitted by Applicant.
4. The Applicant accepts each and every risk of loss and
damage that may result if the application is denied, and further
agrees to hold County, its officers, agents, and employees harmless
from said loss and damage.
5. Applicant agrees to restore site to its original
condition if the application for the Land Use Permit is denied.
Section 21.
Review by Planning Commission and Board.
1. A review of an administrative action or a Hearings
Body's decision may be initiated by not less than two members of the
Planning Commission or the Board of County Commissioners.
2. The review shall be initiated in writing within fifteen
(15) days of the date of the mailing of the final written decision of
the Planning Director or lower Hearings Body.
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3. A review shall be conducted in the same manner provided
for in appeals.
Section 22. Appeal.
1. The decision shall be final unless a written notice of
appeal is received within fifteen (15) days following the mailing of
the final written decision.
2. The following persons may file an appeal:
a. A party
b. A person to whom notice was to be mailed in accord-
ance with Section 7 of this Ordinance, and to whom no notice was
mailed.
3. A person to whom notice is mailed is deemed notified,
even if notice is not received.
Section 23. Notice of Appeal. Every notice of appeal shall
contain:
1. The specific grounds relied upon for appeal.
2. If a hearing was held, a transcription of the magnetic
tape record.
3. Failure to submit the transcription of the magnetic
tape record shall render a notice of appeal insufficient, except that
the said transcript may be submitted within ten days after the date
notice of appeal is filed.
Section 24. Hearing on Appeal.
1. All parties shall be mailed notice of the hearing on
appeal at least ten (10) days prior to the hearing.
2. The review on appeal shall be de novo, and shall be
heard as provided in Section 9 through 17 of this Ordinance, except
that redundant evidence shall not be allowed.
3. The order of Hearings Body shall be as provided in
Section 6 of this Ordinance.
4. The record of the proceeding from which appeal is taken
shall be a part of the record on appeal.
Section 25.
Rehearing. Rehearings shall not be allowed.
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Section 26. Duration of Permit. All Land Use Permits shall be
valid for a period of one year after the date of approval, unless a
longer duration is granted as part of the approval. The date of the
approval is the date the final written decision is mailed to the
parties.
Section 27. Extension.
1. Any land use permit may be extended, prior to expira-
tion, by the Planning Director for periods of three months up to an
aggregate period of one year. Such extensions shall be administra-
tive, without notice, and in writing.
2. No permit may be extended unless significant progress
occurred during the duration of the permit or extension. If the
permit is conditional, significant progress means, with respect to
the conditions, that some action must have commenced or occurred with
respect to each condition.
3. An expired Land Use Permit dated prior to July 1, 1981,
and which expired on or prior to the date of this ordinance, may be
extended by the Planning Director in accordance with the procedure
set forth in Section 27(1) of this Ordinance, for a period of three
months at any time within two years after the date of the expiration
of the permit, provided there have been no changes in the Comprehen-
sive Plan or other applicable ordinances which, if applied to the
permit, would change the result or character of the Land Use Permit,
if the expiration of the permit was due to excusable neglect,
mistake, or other special circumstances.
Section 28. Liabilities. The repeal of any Ordinance, or part
thereof, by this Ordinance shall not release or extinguish any
penalty, forfeiture, nuisance, obligation or liability incurred under
such ordinance, unless a provision of this Ordinance shall so
expressly provide, and such ordinances repealed shall be treated as
still remaining in force for the purpose of sustaining any proper
action or prosecution for the enforcement of such penalty,
forfeiture, nuisance, obligation or liability.
Section 29. Repeal. Ordinance No. PL-9, as amended, Articles X
and XI of ordinance 80-201, as amended, and Section 11.030 of
ordinance 81-043, are hereby repealed.
Section 30. Emergency. This ordinance being necessary for the
immediate preservation of public peace, health and safety, an
emergency is declared to exist, and this Ordinance takes effect on
its passage.
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DATED this 2f ay of , 1982.
BOARD OF COUNTY COMMISSIONE
OF DE$CHUTES COUNTY,., REGfdN
01
A. Y0LK;G, Co 104ssioner
ATTEST:
SUSAN STONEMAN
Recording Secretary
ROBERT C! PAULSON, JR.,f6mM-lssioner
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