2006-540-Ordinance No. 2006-010 Recorded 5/31/2006REVIEWED
LE AL COUNSEL
REVIEWED
dA
CODE'-kEVIEW COMMITTEE
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
1111111111111111111111111111
RECOR
CLERKDS Q 2006'540
0513112006 03;34;25 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 22, of the Deschutes
County Code, making technical changes.
ORDINANCE NO. 2006 -010
WHEREAS, the Deschutes County Planning Division has proposed a Text Amendment to Title 22,
County Development Procedures, to make minor changes that will correct errors, omissions, inconsistencies,
and clarify awkward text; and
WHEREAS, the Deschutes County Planning Commission held a duly noticed pubic hearing on
February 9, 2006, and recommended to the Board the proposed changes to Title 22 as described in Exhibits "A"
through "B."
WHEREAS, the Board of County Commissioners held duly noticed public hearing on May 10, 2206;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 22.24., Land Use Action Hearings, 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 stfiketlfeugh.
Section 2. AMENDMENT. DCC 22.30, Reconsideration, is amended to read as described in Exhibit
"B," attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in strfkethreugh.
PAGE l OF 2 - ORDINANCE NO. 2006-010 (05/10/2006)
Section 3. FINDINGS. The board adopts the staff report adopted as Exhibit `B" to Ordinance 2006-
006, and incorporated herein by this reference, as its findings to support this Ordinance.
r
DATED thisJ/'day of �" '2006.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTJ��COUNTY, OREGON
R. LUKE, CHAIR
BE XLARNO, VICE CHAIR
MICHAEL M. DALY, COMMISSIONER
Date of I" Reading: � day of , 2006.
/ yr
Date of 2 "d Reading: e ( 'day of , 2006.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke
Bev Clarno ✓
Michael M. Daly
Effective date: 'day of ! , 2006.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2006-010 (05/10/2006)
APPENDIX "A"
Chapter 22.24. LAND USE ACTION
HEARINGS
22.24.010.
Filing of staff report for hearing.
22.24.020.
Hearings Body.
22.24.030.
Notice of hearing or
administrative action.
22.24.040.
Contents of notice.
22.24.050.
Burden of proof.
22.24.060.
Nature of evidence.
22.24.070.
Limitation on oral presentations.
22.24.080.
Standing.
22.24.090.
Record.
22.24.100.
Disclosure of ex parte contacts.
22.24.105.
Disclosure of personal knowledge.
22.24.110.
Challenge for bias, prejudgment
of personal interest.
22.24.120.
Hearings procedure.
22.24.125.
Setting the hearing.
22.24.130.
Close of the record.
22.24.140.
Continuances or record
extensions.
22.24.150.
Objections to jurisdiction,
procedure, notice or
qualifications.
22.24.160.
Reopening the record.
22.24.010. Filing of staff report for hearing.
A. At the time an application that in the
judgment of the Planning director requires a
hearing is deemed complete, a hearing date
shall be set.
B. A staff report shall be completed seven days
prior to hearing. If the report is not
completed by such time, the hearing shall be
held as scheduled, but any party may at the
hearing or in writing prior to the hearing
request a continuance of the hearing to a date
that is at least seven days after the date the
initial staff report is complete. Pursuant to
DCC 22.24.140(A)(3), grant of a continuance
under these circumstances shall be
discretionary.
D. Oral or written modifications and additions to
the staff report shall be allowed prior to or at
the hearing.
(Ord. 96 -071 § 1D, 1996; Ord. 95 -045 § 11,
1995; Ord. 90 -007 § 1, 1990)
22.24.020. Hearings Body.
A. The following shall serve as the hearings
body:
1. Hearings Officer.
2. Planning Commission, as specified by
DCC 22.24.020(C).
3. Board of County Commissioners, except
where an applicable joint management
agreement within an acknowledged urban
growth boundary specifies a city
governing body as the final appeals body.
B. The Hearings Body order shall be as set forth
in DCC 22.24.020(A), except that the Board
may call up an administrative decision for
review without the necessity of an application
going before the Hearings Officer.
C. 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. Additionally, in the
Redmond Urban Area, the initial Hearings
Body for Declaratory Rulings and
revocations of land use approvals may, at the
discretion of the Planning Director, be the
Hearings Officer, the Redmond Urban Area
Planning Commission or the Redmond City
Council.
(Ord. 2001 -045 § 1, 2001; Ord. 2000 -003 § 1,
2000; Ord. 99 -031 § 5, 1999; Ord. 98 -019 § 3,
1998; Ord. 96 -071 § 1D, 1996; Ord. 95 -045 §
11A, 1995; Ord. 90 -007 § 1, 1990)
22.24.030. Notice of hearing or
C. A copy of the staff report shall be mailed to administrative action.
the applicant, shall be made available to such A. Individual Mailed Notice.
other persons who request a copy and shall be 1. Except as otherwise provided for herein,
filed with the Hearings Body. notice of a land use application shall be
Page 1 of 7 — EXHIBIT "A" TO ORDINANCE 2006 -010 (05/10/2006)
APPENDIX "A"
mailed at least 20 days prior to the
g. Any neighborhood or community
hearing for those matters set for hearing,
organization formally recognized by
or within 10 days after receipt of an
the board under criteria established
application for those matters to be
by the Board whose boundaries
processed administratively with notice.
include the site.
Written notice shall be sent by mail to the
h. At the discretion of the applicant, the
following persons:
County also shall provide notice to
a. The applicant.
the Department of Land
b. Owners of record of property as
Conservation and Development.
shown on the most recent property
2. Notwithstanding DCC 22.24.030(A)(1)
tax assessment roll of property
(b)(1), all owners of property within 250
located:
feet of property that is the subject of a
1. Within 100 feet of the property
plan amendment application or zone
that is the subject of the notice
change application shall receive notice.
where any part of the subject
3. The failure of a property owner to
property is within an urban
receive mailed notice shall not invalidate
growth boundary;
any land use approval if the Planning
2. Within 250 feet of the property
Division can show by affidavit that such
that is the subject of the notice
notice was given.
where the subject property is
4. For structures proposed to exceed 30 feet
outside an urban growth
in height that are located outside of an
boundary and not within a farm
urban growth boundary, the area for
or forest zone, except where
describing persons entitled to notice
greater notice is required under
under DCC 22.24.030(A)(1)(b) shall
DCC 22.24.030(A)(4) for
expand outward by a distance equal to
structures proposed to exceed 30
the distance of the initial notice area
feet in height; or
boundary for every 30 foot height
3. Within 750 feet of the property
increment or portion thereof.
that is the subject of the notice
B. Posted Notice.
where the subject property is
1. Notice of a land use action application
within a farm or forest zone,
except where greater notice is
for which prior notice procedures are
required under DCC
chosen shall be posted on the subject
22.24.030(A)(4) for structures
property for at least 10 continuous days
proposed to exceed 30 feet in
prior to any date set for receipt of
height.
comments. Such notice shall, where
c. For a solar access or solar shade
practicable, be visible from any adjacent
exception application, only those
public way.
owners of record identified in the
2. Posted notice of an application for a
application as being burdened by the
utility facility line approval shall be by
approval of such an application.
posting the proposed route at intervals of
d. The owner of a public use airport if
not less than one -half mile. The notice
the airport is located within 10,000
shall be posted as close as practicable to,
feet of the subject property.
and be visible from, any public way in
e. The tenants of a mobile home park
the vicinity of the proposed route.
when the application is for the
3. Notice of a solar access application shall
rezoning of any part or all of a
be posted as near as practicable to each
mobile home park.
lot identified in the application.
f. The Planning Commission.
C. Published Notice. In addition to notice by
mail and posting, notice of an initial hearing
Page 2 of 7 — EXHIBIT "A" TO ORDINANCE 2006 -010 (05/10/2006)
APPENDIX "A"
shall be published in a newspaper of general
circulation in the County at least 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. 99 -031 § 6, 1999; Ord. 96 -071 § ID, 1996;
Ord. 95 -071 § 1, 1995; Ord. 95 -045 § 12, 1995;
Ord. 91 -013 § 7 -8, 1991; Ord. 90 -007 § 1, 1990)
22.24.040. Contents of notice.
A. All mailed notices of a land use action
hearing shall:
1. Describe the nature of the applicant's
request and the nature of the proposed
uses that could be authorized.
2. List the criteria from the zoning
ordinance and the plan applicable to the
application at issue.
3. Set forth the street address or easily
understood geographical reference to the
subject property.
4. State the date, time and location of any
hearing or date by which written
comments must be received.
5. State that any person may comment in
writing and include a general explanation
of the requirements for submission of
testimony and the procedures for conduct
of testimony, including, but not limited
to, a party's right to request a continuance
or to have the record held open.
6. If a hearing is to be held, state that any
interested person may appear.
7. State that failure to raise an issue in
person at a hearing or in writing
precludes appeal by that person to the
Land Use Board of Appeals (LUBA),
and that failure to provide statements or
evidence sufficient to afford the
decision -maker an opportunity to respond
to the issue precludes appeal to LUBA
based on that issue.
8. State the name of a county representative
to contact and the telephone number
where additional information may be
obtained.
9. State that a copy of the application, all
documents and evidence submitted by or
on behalf of the applicant and applicable
criteria are available for inspection at no
cost and will be provided at reasonable
cost.
10. State that a copy of the staff report will
be available for inspection at no cost at
least seven days prior to the hearing and
will be provided at reasonable cost.
11. All mailed notices shall contain the
following statement: NOTICE TO
MORTGAGEE, LIENHOLDER,
VENDOR OR SELLER: ORS
CHAPTER 215 REQUIRES THAT IF
YOU RECEIVE THIS NOTICE, IT
MUST PROMPTLY BE FORWARDED
TO THE PURCHASER,
B. All mailed and published notices for hearings
shall contain a statement that recipients may
request a copy of the staff report.
C. All mailed and published notices concerning
applications necessitating an exception to one
of the statewide land use planning goals shall
state that a goal exception is proposed and
shall summarize the issues in an
understandable manner.
(Ord. 96 -071 § ID, 1996; Ord. 95 -045 § 13,
1995; Ord. 90 -007 § 1, 1990)
22.24.050. Burden of proof.
Throughout all local land use proceedings, the
burden of proof rests on the applicant.
(Ord. 95 -045 § 14, 1995; Ord. 90 -007 § 1, 1990)
22.24.060. Nature of evidence.
All relevant evidence shall be received.
(Ord. 90 -007 § 1, 1990)
22.24.070. Limitation on oral presentations.
The Hearings Body may set reasonable time
limits on oral testimony.
(Ord. 90 -007 § 1, 1990)
22.24.080. Standing.
A. Any interested person may appear and be
heard in a land use action hearing, except that
in appeals heard on the record, a person must
have participated in a previous hearing on the
subject application.
Page 3 of 7 — EXHIBIT "A" TO ORDINANCE 2006 -010 (05/10/2006)
APPENDIX "A"
B. Any person appearing on the record at a
hearing (including appeals) or presenting
written evidence in conjunction with an
administrative action or hearing shall have
standing and shall be a party. A person
whose participation consists only of signing a
petition becomes a party only if his or her
signature is legible and his or her address is
clearly written on the petition.
C. Additionally, any owner of property to be
burdened by a solar access permit shall be
considered a party at every stage of the solar
access permit decision process.
(Ord. 96 -071 § 1D, 1996; Ord. 95 -045 § 15,
1995; Ord. 90 -007 § 1, 1990)
22.24.090. Record.
A. A retie -tape record of the hearing shall
be made.
B. All exhibits presented shall be marked to
show the identity of the person offering the
exhibit.
C. Exhibits shall be numbered in the order
presented in two categories, proponents and
opponents, and shall be dated.
D. When exhibits are introduced, the proponent
or opponent exhibit number or letter shall be
read into the record.
(Ord. 05 -051 § 1, 2005; Ord. 90 -007 § 1, 1990)
22.24.100. Disclosure of ex parte contacts.
Prior to making a decision, 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 pending hearing except upon notice
and opportunity for all parties to participate.
Should such communication - whether written or
oral - occur, the Hearings Body member shall:
A. Publicly announce for the record the
substance of such communication; and
B. Announce the parties' right to rebut the
substance of the ex parte communication
during the hearing.
Communication between County staff and the
Hearings Body shall not be considered to be an
ex parte contact.
(Ord. 90 -007 § 1, 1990)
22.24.105. Disclosure of personal knowledge.
A. If the Hearings Body or any member thereof
uses personal knowledge acquired outside of
the hearing process in rendering a decision,
the Hearings Body or member thereof shall
state the substance of that knowledge on the
record and allow all parties the opportunity to
rebut such statement on the record.
B. For the purposes of DCC 22.24.105, a site
visit by the Hearings Body shall be deemed
to fall within this rule. After the site visit has
concluded, the Hearings Body must disclose
its observations and conclusions gained from
the site visit in order to allow for rebuttal by
the parties.
(Ord. 95 -045 § 16, 1995)
22.24.110. Challenge for bias, prejudgment
or personal interest.
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 made on the record and be documented
with specific reasons supported by facts. 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. A planning commission member with a
conflict identified under ORS 215.035 or 215.244
must disqualify him or herself after disclosure.
(Ord. 90 -007 § 1, 1990)
22.24.120. Hearings procedure.
A hearing shall be conducted as follows:
A. The Hearings Body shall explain the purpose
of the hearing and announce the order of
proceedings, including reasonable 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.
Page 4 of 7 — EXHIBIT "A" TO ORDINANCE 2006 -010 (05/10/2006)
APPENDIX "A"
C. Any facts received, noticed or recognized
outside of the hearing shall be stated for the
record.
D. Challenges to the Hearings Body's
qualifications to hear the matter shall be
stated and challenges entertained.
E. The Hearings Body shall list applicable
substantive criteria, explain that testimony
and evidence must be directed toward that
criteria or other criteria in the comprehensive
plan or land use regulations that the person
believes to apply to the decision, and that
failure to address an issue with sufficient
specificity to afford the decision -maker and
the parties an opportunity to respond
precludes appeal to LUBA based on that
issue.
F. Order of presentation:
1. Open the hearing.
2. Staff report.
3. Proponents' presentation.
4. Opponents' presentation.
5. Proponents' rebuttal.
6. Opponents' rebuttal may be allowed at
the Hearings Body's discretion.
7. Staff comment.
8. Questions from or to the chair may be
entertained at any time at the Hearings
Body's discretion.
9. Close the hearing.
G. The record shall be available for public
review at the hearing.
H. A form of preliminary statement
incorporating the provisions of DCC
22.24.120 is set forth as Appendix A to DCC
Title 22 for use by the Board of County
Commissioners.
(Ord. 90 -007 § 1, 1990)
22.24.125. Setting the hearing.
A. After an application is deemed accepted a
hearing date shall be set. A hearing date may
be changed by the County staff, or the
Hearings Body up until the time notice of the
hearing is mailed. Once the notice of hearing
is mailed any changes in the hearing date
shall be processed as a continuance in
accordance with DCC 22.24.140.
B. If an applicant requests that a hearing date be
changed, such request shall be granted only if
the applicant agrees that the extended time
period for the hearing shall not count against
the 150 -day time limit set forth in DCC
22.20.040.
(Ord. 99 -031 § 7, 1999; Ord. 96 -071 § 1 D, 1996;
Ord. 95 -045 § 17, 1995)
22.24.130. Close of the record.
A. Except as set forth herein, the record shall be
closed to further testimony or submission of
further argument or evidence at the end of the
presentations before the Hearings Body.
B. If the hearing is continued or the record is
held open under DCC 22.24.140, further
evidence or testimony shall be taken only in
accordance with the provisions of DCC
22.24.140.
C. Otherwise, further testimony or evidence will
be allowed only if the record is reopened
under DCC 22.24.160.
D. An applicant shall be allowed, unless waived,
to submit final written arguments in support
of its application after the record in the initial
hearing has closed within such time limits as
the Hearings Body shall set. The Hearings
Body shall allow applicant at least seven days
to submit its argument, which time shall be
counted against the 150 -day clock.
(Ord. 2006 -010 § 9, 2006; Ord. 99 -031 § 8,
1999; Ord. 96 -071 § ID, 1996; Ord. 95 -045 § 19,
1995; Ord. 90 -007 § 1, 1990)
22.24.140. Continuances or record
extensions.
A. Grounds.
1. Prior to the date set for an initial hearing,
an applicant shall receive a continuance
upon any request. If a continuance
request is made after the published or
mailed notice has been provided by the
County, the Hearings Body shall take
evidence at the scheduled hearing date
Page 5 of 7 — EXHIBIT "A" TO ORDINANCE 2006 -010 (05/10/2006)
APPENDIX "A"
from any party wishing to testify at that
time after notifying those present of the
continuance.
Any party is entitled to a continuance of
the initial evidentiary hearing or to have
the record left open in such a proceeding
in the following instances:
a. Where additional documents or
evidence are submitted by any party;
or
b. Upon a party's request made prior to
the close of the hearing for time to
present additional evidence or
testimony.
For the purposes of DCC
22.24.140(A)(2), "additional
documents or evidence" shall mean
documents or evidence containing
new facts or analysis that are
submitted after notice of the hearing.
3. The grant of a continuance or record
extension in any other circumstance shall
be at the discretion of the Hearings Body.
B. Except for continuance requests made under
DCC 22.24.140(A)(1), the choice between
granting a continuance or leaving the record
open shall be at the discretion of the Hearings
Body. After a choice has been made between
leaving the record open and granting a
continuance, the hearing shall be governed
thereafter by the provisions that relate to the
path chosen.
C. Continuances.
1. If the Hearings Body grants a
continuance of the hearing, the
hearing shall be continued to a date, time
and place certain at least seven days from
the date of the initial hearing.
2. An opportunity shall be provided at the
continued hearing for persons to rebut
new evidence and testimony received at
the continued hearing.
3. If new written evidence is submitted at
the continued initial hearing, any person
may request prior to the conclusion of the
continued hearing that the record be left
open for at least seven days to allow
submittal of additional written evidence
or testimony. Such additional written
evidence or testimony shall be limited to
evidence or testimony that rebuts the new
written evidence or testimony.
4. If the hearing is other than an initial
hearing, anv continuances. are at the
discretion of the, hems body...,
D. Leaving record open.
If at the conclusion of the_.inittiial hearing the
Hearings Body leaves the record open for
additional written evidence or testimony, the
record shall be left open for at least 14
additional days, allowing at least the first
seven days for submittal of new written
evidence or testimony and at least seven
additional days for response to the evidence
received while the record was held open.
Written evidence or testimony submitted
during the period the record is held open shall
be limited to evidence or testimony that
rebuts previously submitted evidence or
testimony.
E. A continuance or record extension granted
under DCC 22.24.140 shall be subject to the
150 -day time limit unless the continuance or
extension is requested or otherwise agreed to
by the applicant. When the record is left
open or a continuance is granted after a
request by an applicant, the time period
during which the 150 -day clock is suspended
shall include the time period made available
to the applicant and any time period given to
parties to respond to the applicant's submittal.
(Ord. 99 -031 § 9, 1999; Ord. 96 -071 § 1 D, 1996;
Ord. 95 -045 § 18, 1995; Ord. 91 -013 § 9, 1991;
Ord. 90 -007 § 1, 1990)
22.24.150. Objections to jurisdiction,
procedure, notice or
qualifications.
Any objections not raised prior to the close of
oral testimony are waived. Parties alleging
procedural error shall have the burden of proof at
LUBA as to whether the error occurred and
whether the error has prejudiced the party's
substantial rights.
(Ord. 95 -045 § 20, 1995; Ord. 90 -007 § 1, 1990)
Page 6 of 7 — EXHIBIT "A" TO ORDINANCE 2006 -010 (05/10/2006)
APPENDIX "A"
22.24.160. Reopening the record.
A. The Hearings Body may at its discretion
reopen the record, either upon request or on
its own initiative. The Hearings Body shall
not reopen the record at the request of an
applicant unless the applicant has agreed in
writing to an extension or a waiver of the
150 -day time limit.
B. Procedures.
1. Except as otherwise provided for in DCC
22.24.160, the manner of testimony
(whether oral or written) and time limits
for testimony to be offered upon
reopening of the record shall be at the
discretion at the Hearings Body.
2. The Hearings Body shall give written
notice to the parties that the record is
being reopened, stating the reason for
reopening the record and how parties can
respond. The parties shall be allowed to
raise new issues that relate to the new
evidence, testimony or criteria for
decision- making that apply to the matter
at issue.
(Ord. 99 -031 § 10, 1999; Ord. 96 -071 § ID,
1996; Ord. 95 -045 § 21, 1995)
Page 7 of 7 — EXHIBIT "A" TO ORDINANCE 2006 -010 (05/10/2006)
APPENDIX `B"
Chapter 22.30. RECONSIDERATION Hearings Officer shall determine whether
the request for reconsideration has merit.
22.30.010. Reconsideration.
22.30.020. Procedure.
22.30.030. Limitation on reconsideration.
22.30.010. Reconsideration.
A. An applicant may request that the
Hearing Officer's decision be
reconsidered as set forth herein. A
request for reconsideration shall be
accompanied by a fee established by the
County and by applicant's written
consent that the 150 -day time clock will
not run during the period of the
reconsideration.
B. Grounds for reconsideration are limited
to the following instances where an
alleged error substantially affects the
rights of the applicant:
1. Correction of an error in a condition
established by the Hearing Officer
where the condition is not supported
by the record or is not supported by
law;
2. Correction of errors that are technical
or clerical in nature.
(Ord. 99 -031 § 13, 1999; Ord. 96 -071 § IF,
1996; Ord. 95 -045 § 27 and 28, 1995)
22.30.020. Procedure.
A. A request for reconsideration shall be
filed with the Planning Director within
4-812 days of the date the decision was
mailed. The request shall identify the
alleged error in the Hearings Officer's
decision and shall specify how the
applicant would be adversely affected if
the alleged error were to remain
uncorrected.
B. Upon receipt of a request for
reconsideration, the Planning Director
shall forward the request for
reconsideration to the Hearings Officer
and notify the other parties to the
proceeding of the request and allow for a
10 -day comment period on the request.
At the end of the comment period, the
C. The Hearings Officer shall modify the
decision upon a determination that the
request has merit and the alleged error
substantially affects the applicant.
Notice of the modification shall be sent
to all parties to the proceeding. If the
Hearings Officer determines that no
modification is warranted, a
determination shall issue to that effect.
D. Filing a request for a reconsideration
shall not be a precondition for appealing
a decision.
E. Filing a request for reconsideration stays
the deadline for any party to file an
appeal of the Hearings Officer's decision.
1_. _The stay ofthc appeal period for the
original hearings_ Officer's decision for
all parties to the proceeding s
r�aoneffee —ends upon mailing of a
modification or upon mailing a
determination that a modification is not
warranted.
2. If an opponent files an appeal and an
applicant has requested reconsideration,
the opponent's appeal shall be stayed„ and
not processed pending disposition of the
request for modification.
3. If the original I- learings Officer's
decision is not modified__,._. UpOn
reconsideration, the_M nest's appeal
will be processed in accordance with the
procedures set forth in DCC 22.32.
4. If the on final Ileari s_Officer's
decision is modified _.._ ..................._upon
reconsideration, the opponent appellant
must, within 12 days of the mailing of
the modified decision, file in writing a
statement
fleti atee# as to whether the
opponent/appel]ant desires to proceed on
the appeal previously filed or to amend
the appeal_ tc_,_incl.ude an__appeal.... of the
modified portions of the decision or the
appeal shall be considered withdrawn If
the opponent / appellant ._states.,_an_._intention.
PAGE 1 OF 2 — EXHIBIT `B" TO ORDINANCE NO. 2006 -010 (05/10/2006)
APPENDIX `B"
to appeal the modified_ portions of the
decision the basis for the modified
appeal..,., sh_a11. tie prc�yided,in accordance
with DCC 22.32.020.
5. if the original Hearings Officer's decision
is modified, the applicant may ppeal the
modified decision in accordance with
DCC 22.32.020 within 1.2 days of the
mailing of the modified decision:,
(Ord 2005 -010 § 2, 2006; Ord. 99 -031 § 14,
1999; Ord. 95 -045 § 27 and 29, 1995)
22.30.030. Limitation on reconsideration.
No decision shall be reconsidered more than
once.
(Ord. 95 -045 § 27 and 30, 1995)
PAGE 2 OF 2 — EXHIBIT "B" TO ORDINANCE NO. 2006-010 (05/10/2006)