2015-552-Ordinance No. 2015-017 Recorded 12/31/2015 DESCHUTES CLERK
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REVIEWED_Ylv COMMISSIONERS' JOURNAL
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LEGAL COUNSEL
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,OREGON
An Ordinance Amending Deschutes County Code
Title 22 to Incorporate "Housekeeping" Changes that * ORDINANCE NO. 2015-017
Correct Errors, Incorporate Changes to State I saw,
and Provide Clarification of Existing Regulations,
Procedures, and Policies.
WI IEREAS, the Deschutes County Community Development Department(CDD) initiated amendments
(Planning Division File No. 247-15-000256-TA) to the Deschutes County Code (DCC) Title 22, Chapter 22.08,
General Provisions; Chapter 22.28, Land Use Action Decisions; Chapter 22.32, Appeals; Chapter 22.34,
Proceedings on Remand; and Chapter 22.36, Limitations on Approvals to incorporate "housekeeping" changes
correct errors, incorporate changes to state law, and provide clarification of existing regulations,procedures,and
policies;and
WHEREAS,the Deschutes County Planning Commission reviewed the proposed changes on August 13,
2015 and forwarded to the Deschutes County Board of County Commissioners ("Board"), a recommendation of
approval; and
WHEREAS,the Board considered this matter after a duly noticed public hearing on December 9, 2015,
and concluded that the public will benefit from the proposed changes to Deschutes County Code ("DCC") Title
22; now,therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 22.08.010, Application Requirements, 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 strik-ethr-eNgh.
Section 2. AMENDMENT. DCC 22.28.020, Notice of Decision, is amended to read as described in
Exhibit "B," attached hereto and by this referenced incorporated herein, with new language underlined and
language to be deleted in str-i-ketlifaugli.
Section 3. AMENDMENT. DCC 22.32.015, Filing appeals, and DCC 22.32.024, "Transcript
Requirement, are amended to read as described in Exhibit "C," attached hereto and by this reference
incorporated herein,with new language underlined and language to be deleted in strikethrough.
Section 4. AMENDMENT. DCC 22.34.030, Notice and Hearings Requirements, is amended to read
as described in Exhibit "D," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in stfik gh.
///
PAGE I OF 2-ORDINANCE NO.2015-017
Section 5. AMENDMENT. DCC 22.36.010, Expiration of Approval, is amended to read as described
in Exhibit "F," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in strikethrot gh.
Section 6. FINDINGS. The Board adopts as its findings in support of this decision attached to
Ordinance 2015-018 as Exhibit"E"and incorporated by reference herein.
Dated this v of /. .-L. , 2015 BOARD OF COUNTY COMMISSIONERS
OF DESCHU ES COUNTY, OREGON
ANTHONY DEBONE, Chair
AA, LJ
ALAN UNGER, Vice Chirp
ATTEST:
(rNiet/W-k-;" (At-ktL- C \ � kv •Recording Secretary TAMMY BANEY, Commisiner
Date of 1`` Reading: V°4--.. of , 2015.
Date of 2nd Reading: /14/4-: day of .L.e . , 2015.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Tammy Baney
Anthony DeBone
Alan Unger
Effective date:It--day of yr g'AI.G. , 2016.
PAGE 2 OF 2-ORDINANCE NO.2015-017
Chapter 22.08. GENERAL PROVISIONS
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.
D. A deposit for hearings officers' fees may be requested at any time prior to the application being deemed
complete and,.if the application is heard by a hearings officer, the applicant will be responsible for the
actual costs of the hearings officer.
(Ord.2015-017 §1,2015;Ord.96-071 §113, 1996;Ord.95-045 §3, 1995;Ord. 90-077§1, 1990)
Page 1 of 1 -EXHIBIT A OF ORDINANCE NO.2015-017
Chapter 22.28. LAND USE ACTION DECISIONS
22.28.020. Notice of Decision.
4-Notice of a Hearings Body's decision shall be in writing and mailed to all parties; however, one person
may be designated by the Hearings Body to be the recipient of the notice of decision for a group,
organization,group of petitioners or similar collection of individual participants.
(Ord.2015-017 §212015;Ord.90-007 §1, 1990)
Page 1 of 1 -EXHIBIT B OF ORDINANCE NO. 2015-017
"****" Denotes portions of this Section not amended by Ordinance 2015-017.
Chapter 22.32. APPEALS
22.32.015. Filing appeals.
A. To file an appeal, an appellant must file a completed notice of appeal on a form prescribed by the
Planning Division and an appeal fee.
B. Unless a request for reconsideration has been filed,the notice of appeal and appeal fee must be received
at the offices of the Deschutes County Community Development Department no later than 5:00 PM on
the twelfth day following mailing of the decision. If a decision has been modified on reconsideration,an
appeal must be filed no later than 5:00 PM on the twelfth day following mailing of the decision as
modified. Notices of Appeals may not be received by facsimile machine.
C. If the Board of County Commissioners is the I learings Body and the Board declines review,a portion of
the appeal fee may be refunded. The amount of any refund will depend upon the actual costs incurred
by the County in reviewing the appeal. When the Board declines review and the decision is
subsequently appealed to LUBA,the appeal fee may be applied toward the cost of preparing a transcript
of the lower Hearings Body's decision.
D. The appeal fee shall be paid by method that is acceptable to Deschutes Countyhy cash or check or
. . . , . . -agencies may supply a purchase order at
the time of filing.
(Ord. 2015-017 §3, 201.5; Ord. 99-031 §15, 1999; Ord. 98-019 §2, 1998; Ord. 96-071 §1G, 1996; Ord.
95-045 §32, 1995;Ord. 94-042§2, 1994;Ord. 91-013 §11, 1991;Ord 90-007 §1, 1990)
22.32.024. Transcript Requirement.
A. Except as otherwise provided in DCC 22.32.024, appellants shall provide a complete transcript of any
hearing appealed from,from recorded magnetic tapes provided by the Planning Division.
B. Appellants shall submit to the Planning Division the transcript no later than the close of the day five
days prior to the date set for a de novo appeal hearing or, in on-the-record appeals, the date set for
receipt of written arguments. Unless excused under DCC 22.32.024, an appellant's failure to provide a
transcript shall cause the Board to decline to consider the appellant's appeal further and shall, upon
notice mailed to the parties,cause the lower Hearings Body's decision to become final.
C. An appellant shall be excused from providing a complete transcript if appellant was prevented from
complying by: (1) the inability of the Planning Division to supply appellant with a magnetic tape or
tapes of the prior proceeding; or (2) defects on the magnetic tape or tapes of the prior proceeding that
make it not reasonably possible for applicant to supply a transcript. Appellants shall comply to the
maximum extent reasonably and practicably possible.
D. Notwithstanding any other provisions in DCC 22.32, the appeal hearings body may, at any time,waive
the requirement that the appellant provide a complete transcript for the appeal hearing.
(Ord.2015-017 §3,2015;Ord.96-071 §1G, 1996)
Page 1 of 1 -EXHIBIT C OF ORDINANCE NO. 2015-017
Chapter 22.34. PROCEEDINGS ON REMAND
22.34.030. Notice and Hearings Requirements.
A. The County shall conduct a hearing on any remanded or withdrawn decision, the scope of which shall
be determined in accordance with the applicable provisions of DCC 22.34 and state law. Unless state
law requires otherwise, only those persons who were parties to the proceedings before the County shall
be entitled to notice and be entitled to participate in any hearing on remand.
B. The hearing procedures shall comply with the minimum requirements of state law and due process for
hearings on remand and need comply with the requirements of DCC 22.24 only to the extent that such
procedures are applicable to remand proceedings under state law.
C. A final decision shall be made within 90 120 days of the date the remand order becomes effective
applicant initiates the remand in accordance with state law.
D. In addition to the requirements of subsection (C) of this section, the 120-day period established under
subsection (C) of this section shall not begin until the applicant requests in writing that the county
proceed with the application on remand,but if the county does not receive the request within 180 days
of the effective date of the final order or the final resolution of the judicial review,the county shall deem
the application terminated.
E. The 120-day period established under subsection (C) of this section may be extended for up to an
additional 365 days if the parties enter into mediation as provided by ORS 197.860 prior to the
expiration of the initial 120-day period.The county shall deem the application terminated if the matter is
not resolved through mediation prior to the expiration of the 365-day extension.
(Ord.201.5-017§4,2015;Ord.99-031 §17, 1999;Ord.95-045 §§39 and 41A, 1995)
Page 1 of 1 -EXHIBIT D OF ORDINANCE NO.2015-017
"****"Denotes portions of this Section not amended by Ordinance 2015-017.
Chapter 22.36. LIMITATIONS ON APPROVALS
22.36.010. Expiration of Approval.
A. Scope.
1. Except as otherwise provided herein, DCC 22.36.010 shall apply to and describe the duration of all
approvals of land use permits provided for under the Deschutes County Land Use Procedures
Ordinance, the various zoning ordinances administered by Deschutes County and the
subdivision/partition ordinance.
2. DCC 22.36.010 does not apply to:
a. Those determinations made by declaratory ruling, such as verifications of nonconforming uses,
lot of record determinations and expiration determinations, that involve a determination of the
legal status of a property, land use or land use permit rather than whether a particular
application for a specific land use meets the applicable standards of the zoning ordinance. Such
determinations, whether favorable or not to the applicant or landowner, shall be final, unless
appealed,and shall not be subject to any time limits.
b. Temporary use permits of all kinds,which shall be governed by applicable ordinance provisions
specifying the duration of such permits.
c. Quasi-judicial map changes.
B. Duration of Approvals.
1. Except as otherwise provided under DCC 22.36.010 or under applicable zoning ordinance
provisions, a land use permit is void two years after the date the discretionary decision becomes
final if the use approved in the permit is not initiated within that time period.
2. Except as otherwise provided under applicable ordinance provisions,preliminary approval of plats
or master plans shall be void after two years from the date of preliminary approval,unless the final
plat has been submitted to the Planning Division for final approval within that time period, an
extension is sought under DCC 22.36.010 or the preliminary plat or master plan approval has been
initiated as defined herein.
3. In cases of a land use approval authorized under applicable approval criteria to be completed in
phases, each phase must be initiated within the time specified in the approval, or initiated within
two years of completion of the prior phase if no timetable is specified.
4. The approval period for the following dwellings in the Exclusive Fann Use and Forest Use Zones is
for 4 years:
ha. Nonfarm dwelling
eb. Lot of record dwelling
de. Large tract dwelling
ed. Template dwelling.
(Ord. 2015-Q17 §5, 2015; Ord. 2011-016, 2011; Ord. 2004-001 §4, 2004; Ord. 95-045 §43A, 1995; Ord.
95-018 §1, 1995;Ord. 90-007 §1, 1990)
Page 1 of 1 - EXHIBIT E OF ORDINANCE NO.2015-017