29-33-Ordinance No. PL-9 (Amendments) Recorded 9/20/197833
IN THE BOARD OF COUNTY COMMISSIONERS
2 OF THE STATE OF OREGON
3 FOR THE COUNTY OF DESCHUTES
4 In the Matter of ) AMENDMENTS TO
Amendment to the )
5 Deschutes County ) ORDINANCE PL-9
Zoning Ordinance PL-9 )
6
7 This matter comes before the Deschutes County Board of County
8 Commissioners upon the petition of the Deschutes County Planning
9 Commission pursuant to legal notice and publication; and,
10 A hearing by the Planning Commission pursuant to legal notice
11 having been held on this issue by the Planning Commission on the 19th
12 day of July 1978, resulting in the (unanimous) recommendation and
13 approval by the Planning Commission of the hereinafter_ amendments to
14 Deschutes County Ordinance PL-9; and,
15 The Deschutes County Board of Commissioners being fully advised
16 in the premises and deeming the action to be in the public interest;
17 Now THEREFORE it is ORDERED that the Deschutes County Ordinance
18 PL-9 be and hereby is amended as follows: (Parts in parentheses are
19 deleted; parts underlined are added);
20 Section 8.000 is amended to read as follows:
Wz1:512 Section. 8.000 Standing. The following persons are affected
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NaZ"L22 parties and shall be entitled to appear of record either by themselves
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24 1. All persons entitled to personal notice by mail;
25 2. A neighborhood group that represents at least 50 per cent
26 of the property owners within the notification area;
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Amendments to
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1 3. Any person who demonstrates to the Hearings officer
2 that his legal rights are affected by the outcome of the hearing.
3 4. Any person within reasonably close proximity to the
4 property that is the subject of a hearing who demonstrates to the
5 Hearings"Body that he could sustain substantial economic or
6 aesthetic injury as a result of a proposed land use action.
7 Section 8.020 Determination of Standing. Whenever possible
8 the matter of the Standing of any person shall be determined prior
9 to a hearing before the Hearings Body._ Where a question of
10 standing arises during a hearing the Hearings Officer, Planning Com-
11 mission or Board of Commissioners may determine the issue of stand-
12 ing at that time or may continue the hearing until the issue of stand-
13 ing is resolved. A hearing so continued shall be rescheduled at the
14 direction of the Hearings Officer or Planning Commission or Board of
Commissioners.
15 Section 10.000 (1) is amended to read as follows:
16 1. Prior to Commencement of a Hearing, any party may chall-
17 enge the qualifications of the Hearings Officer, members of the Plan-
18 ning Commission or Board of Commissioners for bias, pre-judgment, or
19 personal interest, (prior to commencement of a hearing). The challenge
20
shall
be documented with
specific reasons for said challenge.
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21
Section 10.000
(4) shall be added to Ordinance PL-9
and
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read
as follows:
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4. In the
event that the Hearings Officer shall
with-
24
draw
from the hearing or
disqualify himself, the Planning Commission
25
may,
upon notice given i
n the manner provided for in Section
5.000,
26
5,010
and 5.020, hold the initial hearing pursuant to Section
2.020
Page 2 Ordi anc PL-9
Amen ndments
VCL 29 ME 3
let seg• of this Ordinance.
2 Section 10.020 is amended to read as follows:
3 Section 10.020 Prohibition on Pre-hearing Contacts.
4 The Hearings Officer, the Planning Commission, and the
5 Board of Commissioners shall not communicate directly or indirectly
6 with any party; as defined in Section 2.035 of this Ordinance or his
7 representative in connection with any issue involved in a hearing
8 except upon notice and opportunity for all parties to participate.
9 Section 11.000 is amended as follows:
10 Section 11.000 (4) is deleted in its` entirety.
11 Section 11.020 (a) Objections to Jurisdiction, Procedure,
12 Notice, Qualifications. Any objections to lack of jurisdiction, fail-
13 ure to follow procedural requirements, failure to give proper notice
14 or objections to the qualifications of the Hearings officer or member of
15 the planning or. County Commissioners shall be made in writing not
16 later than ten (10) days prior to the date of the hearing unless such
17 objections arise during the course of the hearing itself. All such__
18 objections shall be in writing if possible and shall state in detail
19 the grounds of the objection.
N 20 Section 11.020(b) When an objection is raised to matters
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4=wZ22 heard in accordance with the procedures of Section 8.020 of this
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24 Section 11.040 Votinq. All motions, orders and actions of
25 the Planning Commission shall require passage by a majority of the _
26 members of the Planning Commission present and voting. In no rase,
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Amendments
VOL 29 ?acE 36
Ihowever, shall an measure, action, order or motion carry or be adopted
2by a vote of less than four members of the Planning commission voting
Sin favor thereof. Five members of the Commission shall constitute a quorum.
4 Section 13.000 (2) is amended to read as follows:
5 2. The review shall be ordered within 15 days of the
6 (initial hearing) date of the final written decision of the Hearings
7 Officer.
8 Section 14.000 is amended to read as follows:
9 Section 14.000 Appeal. (by Affected or Aggrieved Party.)
10 1. The decision of the Hearings Officer or Planning
11 Commission shall be final unless a notice of appeal is received by the
12 Planning Director within fifteen days following the mailing of the
13 final written determination by the Hearings.Officer or Planning Com-
14 mission to the applicant and to such other persons entitled to
15 personal notice or who may request the same in writing and pay a
16 reasonable fee for the costs of duplication, mailing and administrative
17 overhead.
18 2. Any affected or aggrieved party may file a notice of
19 appeal, or an appeal may be initiated upon motion of the Planning
N 20 Commission.
w1's 3. The appeal of an initial hearing shall be first
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`,<z-,=22 addressed to the Planning Commission and an appeal from a decision o
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23 the Planning Commission shall be addressed to the Board.
24 Section 14.020 (4) (a) is amended to read as follows:
25 4. (a) A party may request a de novo hearing by filing
26 a written motion with the Planning Commission or Board of Commissioners
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Amendments
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VOL 29 FAcE 37
I (not less than ten days prior to the time set for the review hearing)
2 within fifteen days following the mailing of the final written deter-
3 mination by the Hearings Officer or Planning Commission as set forth
4 in Section 14.000 (1). The motion shall set forth the reasons for the
5 requested do novo hearing.
6 Section 14.020 (4) (b) is amended to read as follows:
7 4. (b) The Planning Commission or Board of Commissioners
8 (shall) may grant or deny the motion (within two days of its receipt)
9 for a de novo hearing. Not later than 14 days prior to the time the
10 matter is set for a hearing, the Planning Commission or Board or its'
11 representative shall notify the applicant and/or
parties filing the
12 appeal or their representatives whether the motion has been granted or
13 denied. In the event that such notice is not forthcoming within such
14 14, days prior to the date of the hearing, the motion shall be deemed
15 to have been denied.
16 Upon granting the motion, the Planning Commission or Board may
17 determine to conduct the hearing on (review) appeal either fully
18 de novo or de novo on the record. If the motion is denied, the hear-
19 ing shall be conducted in conformance with Section 14.020 (3).
r Section 14.000 (7) is amended to read as follows:
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9 21 7. The Planning Commission or Board's decision shall
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(at the close of business on the tenth day following the
°'WWw 23 decision) on the fifteenth day following the mailing of the final
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24 written determination as set forth in Section 14.000 (1), unless a
25 rehearing is made pursuant to Section 15.000, or an appeal of a Plan-
26 ning Commission's decision is requested pursuant to Section 14.000.
Pages Ordinance PL-9
Amendments
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vol. 29 PAGE 38
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1 Section 16.000 Changes and Amendments. This ordinance may
2 be amended, supplemented or changed by the Board. A proposal for
3 change or amendment may be (initialed) initiated by the Board, the
4 Planning Director, the Planning Commission, the Hearings officer or
5 by the petition of any property owner. All proposals shall be sub-
6 mitted in typed draft form.
7 Except as herein amended Deschutes County Ordinance PL-9 remains
8 in full force and effect.
9 The foregoing amendments to Ordinance PL-9 being necessary for
10 the immediate preservation of the public use, health and safety, an
11 emergency is declared to exist and the amendments to the ordinance
12 take effect on the 1 d day of 1978.
13 DESCHUTES COUNTY BOARD OF COMMISSIONERS
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