39-453-Ordinance No. 81-024 Recorded 9/8/1981ti VOL 39 FADE D3
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
An Ordinance Amending Ordinance
No. PL-9, Deschutes County
Uniform Hearings Procedure
Ordinance, by the Addition of
Section 15.500, Providing for
the Duration and Extensions of
Land Use Permits; Providing
for Procedures and Fees; and
Declaring an Emergency.
OREGON
/ C
e
10
4F 1?0
v41
TFS p'~T
,C'0IANT6 RSO*
C,Z4k
ORDINANCE NO. 81-024
WHEREAS, Ordinance No. PL-9, the Deschutes County Uniform
Hearings Procedure Ordinance, provides the procedure for the granting
and denying of land use permits; and
WHEREAS, land use permits not resulting in County legisla-
tion expire at various times under the Ordinances applicable to the
various permits; and
and
WHEREAS, confusion exists regarding the extension of permits;
WHEREAS, no uniform procedure exists relating to the duration
and extension of said permits; and
WHEREAS, it is necessary to provide uniformity and con-
sistency of application within the land use permit process; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. That Ordinance No. PL-9, Deschutes County
Uniform Hearings Procedure Ordinance, be amended by the addition of
Section 15.500, which reads as follows:
"Section 15.500 Duration of Land Use Permits
and Extensions.
(1) Duration of Permits.
shall be valid for 'a
after the date of ap-
approval is the date
decision on the land
to the parties.
All land use permits
period of one year
Droval. The date of the
the final written
use action is mailed
ORDINANCE NO. 81-024, PAGE 1
VOL 39 FAGE 454
(2) Extension Prior to Expiration.
(A) A land use permit dated on or after
the date of this Ordinance, or expiring
after the date of this Ordinance, may
be extended by the Planning Director or
his designee prior to expiration for
a period of three months.
(B) An extension may only be granted if the
applicant has commenced activity and made
significant progress under the permit
during the initial duration of the permit.
If the permit is conditional, significant
progress means with respect to the con-
ditions, that some action must have commenced
with respect to each condition.
(3) Extension of Expired Permit When Circumstances
Not Changed. An expired an use permit ated
prior to the date of this Ordinance, and which
expired on or prior to the date of this Ordinance,
may be extended 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 comprehensive plan or
other applicable ordinances which, if applied
to the permit, would change the result or
character of the land use permit, if the ex-
piration of the permit was due to excusable
neglect, mistake, or other special circumstances.
(4) Extension of Expired Permit When Circumstances
Changed. An expired permit dated prior to the
date of this Ordinance, and which expired on or
prior to the date of this Ordinance, may be
extended for a period of three months at any
time within sixty (60) days after the date of
this Ordinance, even though changes in the
comprehensive plan or other applicable ordinances
which, if applied to the permit, would change
the result or character of the permit, if the
expiration of the permit was due to excusable
neglect, mistake, or other special circumstances.
(5) Extension Procedure.
(A) An extension by the Planning Director or
his designee shall be done administratively,
in writing and without notice.
ORDINANCE NO. 81-024, PAGE 2
. ' VOL 39 PAGE 455
(B) The applicable procedure for applying
for an extension of an expired land use
permit or a permit not extended by the
Planning Director under Section 15.500(2)(B),
shall be in accordance with the Deschutes
County Uniform Hearings Procedure Ordinance,
except that a hearing on the initial
application need not be held unless a
person receiving notification of the pro-
posed extension objects to the extension
in writing prior to the granting of the
extension, or objects orally at the meeting
where the extension is considered. If
objection is filed, it shall be heard as
a land use action. Initial review and action
on requests for extension of an expired
permit or a permit not extended by the
Planning Director under Section 15.500(2)(B)
must be done in a public meeting. Notice
of this meeting and request for extension
shall be mailed to all persons within
250 feet of the applicant's property.
(C) The fee for application .for anextens_ionby- the Planning
Director or his designee shall be $10.00.
The fee for extension for an extension of _a permit by
the Hearings Officer shall be $100.00.
(D) Applications must be submitted in writing,
and shall be reviewed by the Planning Director
for a recommendation prior to the Hearings
Officer's initial action on the request,
if any.
(6) A permit which has received a three-month extension
in accordance with Subsections (2) through (5) of
Section 15.500 of this Ordinance may be extended,
if application is made prior to expiration of the
extension, for an additional three-month period.
Such an extension shall be heard by the Hearings
Officer as a land use action, using the criteria
set forth in Section 15.500(2)(B). The fee for
an application under this Subsection shall be
$250.00.
(7) Appeals of any decision of the Hearings Officer
shall be heard as appeals of a land use action."
ORDINANCE NO. 81-024, PAGE 3
• von 39 FAGE 4 11
Section 2. 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.
DATED this -2_~'day of SE'p f , 1981.
BOARD OF COUNTY COMMISSIONERS
OF D;ABCHUTES COUNW, OREGON
ne
. SHEPARD, Commis
ATTEST:
SUSAN STONEMAN
Recording Secretary
ORDINANCE NO. 81-024, PAGE 4