2008-889-Ordinance No. 2008-027 Recorded 10/9/2008REVIEWED
LEGAL COJUN S E L
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
111,111 1111111
11111111111 III
III
2008-880
CLERKDS CJ 1008.889
10/09/2008 01:51:31 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending the Deschutes County Code *
Chapter 22.08 and 22.20 Regarding the Deadlines for * ORDINANCE NO. 2008-027
Complete Land Use Applications.
WHEREAS, the Planning Division staff initiated text amendments to Deschutes County Code (DCC)
Chapter 22.08 and 22.20 to comply with the 2007 amendments to ORS 215.427 regarding deadlines for
submission of missing information when an application is submitted for a land use permit, limited land use
decision or zone change; and
WHEREAS because of the 2007 legislative changes to ORS 215.427, the Planning Division staff found
that additional changes needed to be made to the Deschutes County land use procedural code regarding the
determination of when a land use application is complete in order to comply with previous legislative
amendments to ORS 215.427: and
WHEREAS the Board considered this matter after a public hearing on September 22, 2008 and
concluded that the public will benefit from changes to the land use regulations for home occupations; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Section 22.08.030, Incomplete Applications 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 sttikethrsugh.
.
PAGE 1 OF 2 - ORDINANCE NO.2008-027 (09/22/08)
Section 2. AMENDMENT. DCC Section 22.20.040, Final Action in Land Use Actions 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 str-ikeflffeug.
Dated this of, 2008
ATTEST:
(&4160l-
- hjk~- Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES LINTY, OREGON
DE IS R. LUKE, CHAIR
~ J
TAMMY - TON, E CHAIR
~~jj `a
Date of I st Reading: A° day of , 2008.
Date of 2nd Reading: e % day of ()C'14-- , 2008.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke v
Tammy Melton v
Michael Daly y
Effective date: lD day of , 296r 7,60q
ATTEST:
✓1/
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2008-027 (09/22/08)
Chapter 22.08. GENERAL PROVISIONS
22.08.005. Pre-application Conference.
22.08.010. Application Requirements.
22.08.020. Acceptance of Application.
22.08.030. Incomplete Applications.
22.08.035. False Statements on Application and Supporting Documents.
22.08.037. Withdrawal of Application.
22.08.040. Applicable Standards.
22.08.050. Notice to Division of State Lands.
22.08.060. Conflicting Procedures.
22.08.070. Time Computation.
22.08.080. Mailing List.
22.08.090-Submission of Documents.
22.08.04-0100 Application Requirements.
22.08.005. Pre-application Conference.
A pre-application conference is encouraged for complex applications or for applicants who are
unfamiliar with the land use process. The purpose of the conference shall be to acquaint the
applicant with the substantive and procedural requirements of the applicable land use ordinances, to
provide for an exchange of information regarding applicable requirements of the comprehensive
plan, zoning ordinance or land division ordinance and to identify issues likely to arise in processing
an application: The applicable zoning ordinance may require that a preapplication conference be
held for particular types of applications.
(Ord. 97-017 §9, 1997; Ord. 95-045 §2, 1995)
22.08.010. Application Requirements.
A. Property Owner. For the purposes of DCC 22.08.010, the term "property owner" shall mean
the owner of record or the contract purchaser and does not include a person or organization that
holds a security interest.
B. Applications for development or land use actions shall:
1. Be submitted by the property owner or a person who has written authorization from the
property owner as defined herein to make the application;
2. Be completed on a form prescribed by the Planning Director;
3. Include supporting information required by the zoning ordinance and that information
necessary to demonstrate compliance with applicable criteria; and
4. Be accompanied by the appropriate filing fee, unless such fees are waived by the Board of
County Commissioners.
5. Include an affidavit attesting to the fact that the notice has been posted on .the property in
accordance with DCC 22.24.030(B).
C. The following applications are not subject to the ownership requirement set forth in DCC
22.08.010(B)(1):
1. Applications submitted by or on behalf of a public entity or public utility having the power
of eminent domain with respect to the property subject to the application; or
2. Applications for development proposals sited on lands owned by the state or the federal
government.
(Ord. 96-071 §1B, 1996; Ord. 95-045 §3, 1995; Ord. 90-077 §1, 1990)
PAGE 1 OF 4 - EXHIBIT "A" TO ORDINANCE NO. 2008-027 (9/22/08)
Chapter 22.08. GENERAL PROVISIONS
22.08.005. Pre-application Conference.
22.08.010. Application Requirements.
22.08.020. Acceptance of Application.
22.08.030. Incomplete Applications.
22.08.035. False Statements on Application and Supporting Documents.
22.08.037. Withdrawal of Application.
22.08.040. Applicable Standards.
22.08.050. Notice to Division of State Lands.
22.08.060. Conflicting Procedures.
22.08.070. Time Computation.
22.08.080. Mailing List.
22.08.090_ Submission of Documents.
22.08.OI$100 Application Requirements.
22.08.005. Pre-application Conference.
A pre-application conference is encouraged for complex applications or for applicants who are
unfamiliar with the land use process. The purpose of the conference shall be to acquaint the
applicant with the substantive and procedural requirements of the applicable land use ordinances, to
provide for an exchange of information regarding applicable requirements of the comprehensive
plan, zoning ordinance or land division ordinance and to identify issues likely to arise in processing
an application. The applicable zoning ordinance may require that a preapplication conference be
held for particular types of applications.
(Ord. 97-017 §9, 1997; Ord. 95-045 §2, 1995)
22.08.010. Application Requirements.
A. Property Owner. For the purposes of DCC 22.08.010, the term "property owner" shall mean
the owner of record or the contract purchaser and does not include a person or organization that
holds a security interest.
B. Applications for development or land use actions shall:
1. Be submitted by the property owner or a person who has written authorization from the
property owner as defined herein to make the application;
2. Be completed on a form prescribed by the Planning Director;
3. Include supporting information required by the zoning ordinance and that information
necessary to demonstrate compliance with applicable criteria; and
4. Be accompanied by the appropriate filing fee, unless such fees are waived by the Board of
County Commissioners.
5. Include an affidavit attesting to the fact that the notice has been posted on the property in
accordance with DCC 22.24.030(B).
C. The following applications are not subject to the ownership requirement set forth in DCC
22.08.010(3)(1):
1. Applications submitted by or on behalf of a public entity or public utility having the power
of eminent domain with respect to the property subject to the application; or
2. Applications for development proposals sited on lands owned by the state or the federal
government.
(Ord. 96-071 § 1B, 1996; Ord. 95-045 §3, 1995; Ord. 90-077 § 1, 1990)
PAGE 1 OF 4 - EXHIBIT "A" TO ORDINANCE NO. 2008-027 (9/22/08)
22.08.020. Acceptance of Application.
A. Development action and land use action applications shall not be accepted until the planning
director has determined that (1) the requirements of DCC 22.08.0 10 have been met and (2) the
application is complete or the application is deemed to be complete under state law.
B. An application is complete when in the judgment of the Planning Director all applicable issues
have been adequately addressed in the application.
C. Acceptance of an application as complete shall not preclude a determination at a later date that
additional criteria need to be addressed or a later determination that additional information is
needed to adequately address applicable criteria.
(Ord. 90-007 § 1, 1990)
22.08.030. Incomplete Applications.
A. If an application is incomplete, the planning director shall, within 30 days of receipt of the
application, notify the applicant in writing of exactly what information is missing. The
applicant may amend his application or submit a new application supplying the missing
information.
B. The appheant shOl have 30 days fiem the date of netiee ffem the planning difeetof to supp!
the missing infefmafien.
ififeffimfieff,
D. if an applieafA does not stibfrit the fp~ssing infemiation withiii the 30 day period speeified
DCG 22.08.030(B), the p eafie fri8y-be pfeeessed in aeeerdaflee with DGG 22.20.040.
B. If an application for a permit limited land use decision or zone change is incomplete the
Planning Director shall notify the applicant in writing of exactly what information is missin
within 30 days of receipt of the application and allow the applicant to submit the missing
information.
C. The application shall be deemed complete upon receipt by the Planning Division of
1. All of the missing information;
2. Some of the missing information and written notice from the applicant that no other
information will be provided, or
3. Written notice from the applicant that none of the missing information will be
provided.
D. On the 181St day after first being submitted the application is void if the gMlicant has been
notified of the missing information as required above in subsection B and has not submitted:
1. All of the missing information,
2. Some of the missing information and written notice from the applicant that no other
information will be provided; or
3. Written notice from the applicant that none of the missing information will be
provided.
(Ord. 2008-027 § 1, 2008, Ord. 95-045 §4, 1995; Ord. 90-007 § 1, 1990)
22.08.035. False Statements on Application and Supporting Documents.
If the applicant or the applicant's representative or apparent representative makes a misstatement of
fact on the application regarding property ownership, authority to submit the application, acreage,
or any other fact material to the acceptance or approval of the application, and such misstatement is
relied upon by the Planning Director or Hearings Body in making a decision whether to accept or
approve the application, the Planning Director may upon notice to the applicant and subject to an
applicant's right to a hearing declare the application void.
PAGE 2 OF 4 - EXHIBIT "A" TO ORDINANCE NO. 2008-027 (9/22/08)
(Ord. 91-013 §1, 199 1).
22.08.037. Withdrawal of Application.
An applicant may withdraw an application in writing at any time prior to the time a land use action
decision becomes final. If the landowner is not the applicant, no consent to withdraw the
application is needed from the landowner.
(Ord. 95-045 §5, 1995)
22.08.040. Applicable Standards.
With respect to the acknowledged portions of the County's comprehensive plan, the standards and
criteria applicable to an application shall be the standards and criteria applicable at the time the
application was first submitted if the application and requested information, if any, are received
within 180 days of the time the application was first submitted.
(Ord. 90-007 § 1, 1990)
22.08.050. Notice to Division of State Lands.
In addition to any notice required by DCC Title 22, the county shall provide the notices required by
ORS 215.418 concerning state-identified wetlands within five days of the acceptance of an
application as complete. DCC 22.08.050 shall not become operative until the Division of State
Lands has provided to the County a copy of applicable portions of the Statewide Wetlands
Inventory. , ,
(Ord. 90-007 § 1, 1990)
22.08.060. Conflicting Procedures.
Except as set forth in DCC 22.08.060, where other provisions of the Deschutes County Code or
Deschutes County ordinances specify procedures with greater opportunity for public notice and
comment, those procedures shall apply. Notice procedures for abbreviated Surface Mining Impact
Area review under DCC 18.56.110(C) shall be as set forth in that section.
(Ord. 90-007 § 1, 1990)
22.08.070. Time Computation.
Except when otherwise provided, the time within which an act is required to be done shall be
computed by excluding the first. day and including the last day, unless the last day is a Saturday,
Sunday, legal holiday,or any day on which the County is not open for business pursuant to a county
ordinance, in which case it shall also be excluded.
(Ord. 90-007 § l; 1990)
22.08.080. Mailing List.
Any person may, upon payment of a fee set by the Planning Director, request to receive the
planning division's weekly media update packet, which may include a list of accepted applications,
planning commission agendas and hearings body notices.
(Ord. 90-007 § 1, 1990)
22.08.090. Submission of Documents.
A document is "submitted" when it is received. Submittal shall be made either at a noticed hearing
or at the offices of. the , Planning Division, unless specified otherwise by the Hearings Body or
notice.
(Ord. 96-071 §1, 1996)
PAGE 3 OF 4 - EXHIBIT "A" TO ORDINANCE NO. 2008-027 (9/22/08)
22.08.0470100. Application Requirements.
A. Property Owner. For the purposes of DCC 22.08.010, the term "property owner" shall mean
the owner of record or the contract purchaser and does not include a person or organization that
holds a security interest.
B. Applications for development or land use actions shall:
1. Be submitted by the property owner or a person who has written authorization from the
property owner as defined herein to make the application;
2. Be completed on a form prescribed by the Planning Director;
3. Include supporting information required by the zoning ordinance and that information
necessary to demonstrate compliance with applicable criteria; and
4. Be accompanied by the appropriate filing fee, unless such fees are waived by the Board of
County Commissioners, the County Administrator, or the Director of the County
Community Development Department.
5. Include an affidavit attesting to the fact that the notice has been posted on the property in
accordance with DCC 22.24.030(B).
C. The following applications are not subject to the ownership requirement set forth in DCC
22.08.010(13)(1):
1. Applications submitted by or on behalf of a public entity or public utility having the power
of eminent domain with respect to the property subject to the application; or
2. Applications for development proposals sited on lands owned by the state or the federal
government.
(Ord. 2006-003 §1, 2006; Ord. 96-071 §113, 1996; Ord. 95-045 §3, 1995; Ord. 90-077 §1, 1990)
PAGE 4 OF 4 - EXHIBIT "A" TO ORDINANCE NO. 2008-027 (9/22/08)
Chapter 22.20. REVIEW OF LAND USE ACTION APPLICATIONS
22.20.005. Effect of Determinations Made Outside of Established Processes.
22.20.010. Action on Land Use Action Applications.
22.20.020. Administrative Land Use Decisions With Prior Notice.
22.20.030. Administrative Decision Without Prior Notice.
22.20.040. Final Action in Land Use Actions.
22.20.050. Temporary Approval.
22.20.052. Supplementation of Application Within First 30 Days of Submittal.
22.20.055. Modification of Application.
22.20.060. Repealed.
22.20.070. Availability of Administrative Decisions.
22.20.005. Effect of Determinations Made Outside of Established Processes.
Any informal interpretation or determination, or any statement describing the uses to which a
property may be put, made outside the declaratory ruling process (DCC 22.40) or outside the
process for approval or denial of a land use permit (DCC 22.20 - 22.28) shall be deemed to be a
supposition only. Such informal interpretations, determinations, or statements shall not be deemed
to constitute final County action effecting a change in the status of a person's property or conferring
any rights, including any reliance rights, on any person. (Ord. 95-045 §5A, 1995)
22.20.010. Action on Land Use Action Applications.
A. Except for comprehensive plan amendments and zone changes and other instances where a
hearing is required by state law or by other ordinance provision, the Planning Director may
decide upon a land use action application administratively either with prior notice, as prescribed
under DCC 22.20.020 or without prior notice, as prescribed under DCC 22.20.030 or he may
refer the application to the Hearings Body for hearing. The Planning Director shall take such
action within 30 days of the date the application is accepted or deemed accepted as complete.
This time limit may be waived at the option of the applicant.
B. The Planning Director's choice between or among administrative or hearing procedures to apply
to a particular application or determination shall not be an appealable decision.
C. Zone change and plan amendment applications shall be referred to a hearing before the
Hearings Body.
(Ord. 96-071 §1C, 1996; Ord. 95-045 §6, 1995; Ord. 91-013 §2, 1991; Ord. 90-007 §1, 1990)
22.20.020. Administrative Land Use Decisions With Prior Notice.
A. Notice of the application shall be sent within 10 days of submittal of the application to persons
entitled to notice under DCC 22.24.030. Such notice shall include all the information specified
under DCC 22.24.040(A) except for the information specified in DCC 22.24.040(A)(7) and
(10).
B. Any person may comment in writing on the application within 10 days from the date notice was
mailed or a longer period as specified in the notice.
C. The Planning Director's decision to approve, deny or send to a hearing shall be made within 30
days after an application is accepted as complete. This time limit may be waived by the written
consent of the applicant.
D. Notice of the Planning Director's decision and the appeal period shall be sent to all persons
entitled to notice under DCC 22.24.030, to all persons who commented and to all members of
PAGE 1 OF 4 - EXHIBIT "B" TO ORDINANCE NO. 2008-027 (9/22/08)
the Planning Commission. The notice shall contain the applicable information required under
DCC 22.24.040.
E. The applicant, all persons entitled to notice under DCC 22.24.030 and all other persons
commenting as provided in DCC 22.20.020 constitute parties to the administrative decision.
Any party can appeal the decision in accordance with DCC 22.32.
(Ord. 96-071 §1C, 1996; Ord. 95-045 §7, 1995; Ord. 91-013 §3, 1991; Ord. 90-007 §1, 1990)
22.20.030. Administrative Decision Without Prior Notice.
The procedures for administrative decisions without prior notice shall be the same as those set forth
in DCC 22.20.020, except that no prior notice shall be given.
(Ord. 96-071 § 1 C, 1996; Ord. 90-007 § 1, 1990)
22.20.040. Final Action in Land Use Actions.
A. Except as otherwise provided, the County shall take final action, including consideration of
appeals to the Board, in land use actions within 150 days after the application is deemed
complete.
B. if the applieant r-efuses or fdil,,,, to submit missing ififi)Fmation within the 30 days speeified iii
DGG , ,
BoaFd of County COMMiS,140neFs, if ,
was
at.~,.ion ~r.~ nr-st-.tea.
C. The periods set forth in DCC 22.20.040 during which a final decision on an application must be
made may be extended for a reasenalespecifiied period of time at the written request of the
applicant.
D. The total of all extensions may not exceed 215 days
DE. Applications for the following determinations or approvals are exempt from the 150-day time
limit established by DCC 22.20.040:
1. Quasi-judicial comprehensive plan amendments;
2. Revocation proceedings;
3. Lot of record determinations;
4. Initiation of approval determinations; and
5. Consideration of remanded applications, the time limit for which is as set forth in DCC
22.34.030.
(Ord. 2008-027 § 2 2008.Ord. 99-031 §3, 1999; Ord. 96-071 § 1 C, 1996; Ord. 95-045 §8, 1995;
Ord. 90-007 §1, 1990)
22.20.050. Temporary Approval.
A. The purpose of temporary land use approval is to allow an applicant in certain hardship or
emergency situations to proceed without notice to those ordinarily entitled to notice with a land
use action proposed in an application made to the Planning Division before the Division
completes its review of the proposed use. • In all cases, an applicant receiving temporary
approval must obtain final approval on the submitted application pursuant to the procedures
specified in DCC Title 22.
B. Subject to DCC 22.20.050(E), the Board of County Commissioners or the Planning Director
may authorize a temporary land use approval, provided:
1. An application for the land use approval has been accepted as complete.
2. A fee for review of the temporary approval has been paid.
3. The applicant has demonstrated good and sufficient cause for such a temporary approval.
PAGE 2 OF 4 - EXHIBIT "B" TO ORDINANCE NO. 2008-027 (9/22/08)
4. It appears that the application will be given final approval in substantially the form
submitted by the applicant.
5. The applicant accepts each and every risk of loss and damage that may result if the
application is denied, and further agrees in writing to hold County, its officers, agents and
employees harmless from such loss and damage.
6. Applicant agrees in writing to restore the site to its original condition if the application for
the land use approval is denied.
C. For the purposes of DCC 22.20.050, "good cause" shall include only hardship or emergency
situations arising due to factors that, through the exercise of ordinary diligence, the applicant
could not have foreseen. "Good cause" does not include an applicant's request for a temporary
permit for reasons of convenience only.
D. A temporary use approval shall not be granted for variances, zone changes or plan amendments.
E. The scope of the temporary approval shall be limited to allow the applicant to proceed only
with that portion of the proposed use justifying the applicant's claim of hardship or emergency.
F. A temporary use approval shall expire as follows:
1. Six months from the date of approval, if no decision has been reached on the underlying
application.
2. On the date the appeal period runs on the decision on the underlying application.
3. On the date that all appeals of the decision on the underlying application are decided and
final.
G. A decision to approve a temporary use application is not appealable.
(Ord. 96-071 §1C, 1996; Ord. 95-045 §9, 1995; Ord. 91-013 §4-6, 1991; Ord. 90-007 §1, 1990)
22.20.052. Supplementation of Application Within First 30 Days of Submittal.
An applicant shall not submit any evidence to supplement its application during the 30 days
following submittal of its application, except to submit the affidavit of posting required by DCC
22.08.010 or to respond to a request for additional information made under DCC 22.08.030. Any
evidence submitted by an applicant in violation of DCC 22.20.052 will not be considered in
determining whether the application is complete and will be returned to the applicant.
(Ord. 96-071 § 1 C, 1996)
22.20.055. Modification of Application.
A. An applicant may modify an. application at any time during the approval process up until the
close of the record, subject to the provisions of DCC 22.20.052 and DCC 22.20.055.
B. The Planning Director or Hearings Body shall not consider any evidence submitted by or on
behalf of an applicant that would constitute modification of an application (as that term is
defined in DCC 22.04) unless the applicant submits an application for a modification, pays all
required modification fees and agrees in writing to restart the 150-day time clock as of the date
the modification is submitted. The 150-day time clock for an application, as modified, may be
restarted as many times as there are modifications.
C. The Planning Director or Hearings Body may require that the application be re-noticed and
additional hearings be held.
D. Up until the day a hearing is opened for receipt of oral testimony, the Planning Director shall
have sole authority to determine whether an applicant's submittal constitutes a modification.
After such time, the Hearings Body shall make such determinations. The Planning Director or
Hearings Body's determination on whether a submittal constitutes a modification shall be
appealable only to LUBA and shall be appealable only after a final decision is entered by the
County on an application.
(Ord. 99-031 §4,1999; Ord. 96-071 § 1 C, 1996)
PAGE 3 OF 4 - EXHIBIT "B" TO ORDINANCE NO. 2008-027 (9/22/08)
22.20.060. (Repealed by Ord. 96-071, 1996)
22.20.070. Availability of Administrative Decisions.
All administrative decisions for the preceding month shall be made available for public review at a
location to be designated by the Planning Director. In addition, the Planning Director shall maintain
for public inspection a registry of administrative decisions for the previous 12-month period.
(Ord. 90-007 § 1, 1990)
PAGE 4 OF 4 - EXHIBIT "B" TO ORDINANCE NO. 2008-027 (9/22/08)
Chapter 215 - County Planning; Zoning; Housing Codes
2007 EDITION
215.427 Final action on permit or zone change application; refund of application
fees. (1) Except as provided in subsections (3) and (5) of this section, for land within an
urban growth boundary and applications for mineral aggregate extraction, the governing
body of a county or its designee shall take final action on an application for a permit,
limited land use decision or zone change, including resolution of all appeals under ORS
215.422, within 120 days after the application is deemed complete. The governing body
of a county or its designee shall take final action on all other applications for a permit,
limited land use decision or zone change, including resolution of all appeals under ORS
215.422, within 150 days after the application is deemed complete, except as provided in
subsections (3) and (5) of this section.
(2) If an application for a permit, limited land use decision or zone change is
incomplete, the governing body or its designee shall notify the applicant in writing of
exactly what information is missing within 30 days of receipt of the application and allow
the applicant to submit the missing information. The application shall be deemed
complete for the purpose of subsection (1) of this section upon receipt by the governing
body or its designee of:
(a) All of the missing information;'
(b) Some of the missing information and written notice from the applicant that
no other information will be provided; or
(c) Written notice from the applicant that none of the missing information will
be provided.
(3)(a) If the application was complete when first submitted or the applicant submits
additional information, as described in subsection (2) of this section, within 180 days of
the date the application was first submitted and the county has a comprehensive plan and
land use regulations acknowledged under ORS 197.251, approval or denial of the
application shall be based upon the standards and criteria that were applicable at the time
the application was first submitted.
(b) If the application is for industrial or traded sector development of a site identified
under section 12, chapter 800, Oregon Laws 2003, and proposes an amendment to the
comprehensive plan, approval or denial of the application must be based upon the
standards and criteria that were applicable at the time the application was first submitted,
provided the application complies with paragraph (a) of this subsection.
(4) On the 181st day after first being submitted, the application is void if the
applicant has been notified of the missing information as required under subsection
(2) of this section and has not submitted:
(a) All of the missing information;
(b) Some of the missing information and written notice that no other information
will be provided; or
(c) Written notice that none of the missing information will be provided.
(5) The period set in subsection (1) of this section may be extended for a specified
period of time at the written request of the applicant. The total of all extensions may not
exceed 215 days.
(6) The period set in subsection (1) of this section applies:
(a) Only to decisions wholly within the authority and control of the governing body of
the county; and
(b) Unless the parties have agreed to mediation as described in ORS 197.319 (2)(b).
(7) Notwithstanding subsection (6) of this section, the period set in subsection (1) of
this section does not apply to an amendment to an acknowledged comprehensive plan or
land use regulation or adoption of a new land use regulation that was forwarded to the
Director of the Department of Land Conservation and Development under ORS 197.610
M.
(8) Except when an applicant requests an extension under subsection (5) of this
section, if the governing body of the county or its designee does not take final action on
an application for a permit, limited land use decision or zone change within 120 days or
150 days, as applicable, after the application is deemed complete, the county shall refund
to the applicant either the unexpended portion of any application fees or deposits
previously paid or 50 percent of the total amount of such fees or deposits, whichever is
greater. The applicant is not liable for additional governmental fees incurred subsequent
to the payment of such fees or deposits. However, the applicant is responsible for the
costs of providing sufficient additional information to address relevant issues identified in
the consideration of the application.
(9) A county may not compel an applicant to waive the period set in subsection (1) of
this section or to waive the provisions of subsection (8) of this section or ORS 215.429 as
a condition for taking any action on an application for a permit, limited land use decision
or zone change except when such applications are filed concurrently and considered
jointly with a plan amendment. [1997 c.414 §2; 1999 c.393 §§3,3a; enacted in lieu of
215.428 in 1999; 2003 c.800 §30; 2007 c.232 §1]