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Home My WebLink About91-01391-05205 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF REVIEWS 10 DESCHUTES COUNTY, OREGON An Ordinance Amending Title 22, � , „z, ; � Uniform Development Procedures and Declaring an Emergency. ORDINANCE NO. 91-013 THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. A new section, Section 22.08.035, False State- ments on Application and Supporting Documents, is added to Chapter 22.08 of the Deschutes County Code, as follows: "Section 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 regard- ing property ownership, authority to submit the appli- cation, 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." Section 2. Section 22.20.010, Action on Land Use Applica- tions, is amended to read as follows: "Section 22.20.010. ACTION ON LAND USE ACTION APPLICA- TIONS. 1. The Planning Director may decide upon a land use action application for other than a comprehensive plan amendment and zone change administratively either with prior notice [notification], as pre- scribed under Section 22.20.020 or without prior notice [notification], as prescribed under Section 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 as complete. This time limit may be waived at the option of the applicant. 2. 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. 1 - ORDINANCE N0. 91-013 (2/27/91) !` 106 - 0350 3[2].Zone change and plan amendment applications shall be referred to a hearing before the Hearings Body." Section 3. Section 22.20.020, Administrative Land Use with Prior Notice, is amended to read as follows: 111. Notice of the application shall be sent within ten (10) days of acceptance of the application to persons entitled to notice under Section 22.24.030. Such notice shall include all the information specified under Section 22.24.040 except for those items specified in subsections G. and J. 2. Any person may comment in writing on the applica- tion within ten (10) days from the date notice was mailed or a longer period as specified in the notice. 3. The Planning Director's decision to approve, deny or send to a hearing shall be made within thirty (30) days after an application is accepted as complete. This time limit may be waived by the written consent of the Applicant. 4. Notice of the Planning Director's decision and the appeal period shall be sent to all parties and to all members of the planning commission. 5. The applicant and all persons commenting as pro- vided in this section constitute parties to the administrative decision. Any party can appeal the decision in accordance with chapter 22.32, "Appeals," of this title. On appeal, a de novo hearing shall be held." Section 4. Subsection 1 of Section 22.20.050, Temporary Approval, is amended to read as follows: "Section 22.20.050. TEMPORARY APPROVAL. 1. The purpose of temporary land use approval is to allow an applicant in certain hardship or emergen- cy 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 pur- suant to the procedures specified in this title." 2 - ORDINANCE NO. 91-013 (2/27/91) 1QG - 0351 Section 5. Subsection 6 of Section 22.20.050, Temporary Approval, is amended to read as follows: 116. A temporary use approval shall expire as follows: A. Six months from the date of approval, if no decision has been reached on the underlying application. B. On the date the appeal period runs on the decision on the underlying application. C. On the date the all appeals of the decision on the underlying application are decided and final . " Section 6. A new Subsection 7 is added to and made a part of Section 22.20.050, Temporary Approval, to read as follows: "7. A decision to approve a temporary use application is not appealable." Section 7. Subsection I.A. of Section 22.24.030, Notice of Hearing or Administrative Action, is amended to read as follows: "Section 22.24.030. NOTICE OF HEARING OR ADMINISTRA- TIVE ACTION. 1. Individual Mailed Notice. A. Except as otherwise provided for herein, notice of a land use application, other than for a utility facility line, shall be mailed at least ten (10) days prior to the hearing for those matters set for hearing, or within ten (10) days after receipt of a complete application [for administrative action] for those matters to be processed administra- tively with notice. Written notice shall be sent by mail to the following persons: 1. The applicant. 2. Owners of record of property as shown on the most recent property tax assessment roll of property located: a. Within one hundred (100) feet of the property that is the subject of the notice where any part of the subject property is within an urban growth boun- dary; 3 - ORDINANCE NO. 91-013 (2/27/91) 106 - 0352 b. Within two hundred fifty (250) feet of the property that is the subject of the notice where the subject property is outside an urban growth boundary and not within a farm or forest zone; or C. Within five hundred (500) feet of the property that is the subject of the notice where the subject property is within a farm or forest zone. 3. For a solar access or solar shade exception application, only those owners of record identified in the application as being bur- dened by the approval of such an application. 4. The owner of a public use airport if the airport is located within 10,000 feet of the subject property. 5. The tenants of a mobile home park when the application is for the rezoning of any part or all of a mobile home park. 6. The planning commission." Section 8. Subsection 2 of Section 22.24.030, Notice of Hearing or Administrative Action, is amended to read as follows: "2. Posted Notice. a. Notice of a land use action application for which prior notice procedures are chosen shall be posted on the subject property for at least 10 continuous days prior to any hearing or date set for receipt of comments. Such notice shall, where practic- able, be visible from any adjacent public way. b. Notice of an application for a utility facility line approval shall be by posting the proposed route at intervals of not less than one-half mile. The notice shall be posted as close as practicable to, and be visible from, any public way in the vicinity of the proposed route. C. Notice of a solar access application shall be posted as near as practicable to each lot identified in the application. d. At least ten (10) days prior to any initial hearing, the applicant shall provide an affidavit attesting to the fact that notice has been posted as required by 4 - ORDINANCE NO. 91-013 (2/27/91) 106 - 0353 this section. Failure to provide the affidavit as required may result in continuation of the hearing, in which case, the applicant may be deemed to have waived the 120 -day time limit for the period of the con- tinuance." Section 9. Section 22.24.130, Continuances, is amended to read as follows: "Section 22.24.130. CONTINUANCES. 1. Except as set forth in this section, continuances shall be granted at the discretion of the Hearings Body. 2. Any party shall be entitled, upon request, to a continuance of the hearing if additional documents or evidence to those supplied with the application are provided in support of the application. Such a continuance shall not be subject to the 120 -day time limit set forth in Section 22.20.020 of this title. 3. Any party shall be entitled, upon request, to a continuance of the hearing if the staff report made available to the public at least 15 days in advance of the hearing date is changed [either] by identification of additional applicable criteria. [not identified in the staff report initially made available to the public.] 4. The Hearings Body shall, where possible, set forth a time certain for resumption of the hearing." Section 10. A new Section 22.32.015, FILING APPEALS, is added as follows: "Section 22.32.015. FILING APPEALS. 1. To file an appeal, an appellant must file a com- pleted notice of appeal on a form prescribed by the Planning Division, an appeal fee, and a tran- script of any hearing appealed from. 2. 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 tenth day following mailing of the decision. Notices of Appeals may not be received by facsimile machine. 5 - ORDINANCE NO. 91-013 (2/27/91) 10� 0354 3. The transcript of the hearing may be submitted to the Community Development Department within 10 days after the date notice of appeal is filed or within ten (10) days after the hearing tape is mailed or given to the appellant, whichever is later." Section 11. Section 22.32.020, Notice of Appeal, is renum- bered Section 22.32.030 and is amended to read as follows: "Section 22.32.030. NOTICE OF APPEAL. Every notice of Appeal shall include: 1. A statement raising any issues relied upon for appeal with sufficient specificity to afford the Hearings Body an adequate opportunity to respond to and resolve each issue in dispute. 2. A request that the Planning Division supply appel- lant with a copy of the magnetic tape record of any hearing before the Hearings Officer, unless such tape has already been requested. [3. If a hearing was held, a transcription of the magnetic tape record.] [4. Failure to submit the transcription of the mag- netic tape record shall render a notice of appeal insufficient, except that such transcript may be submitted within ten (10) days after the date notice of appeal is filed or within 10 days after the tape is mailed or given to the appellant, whichever is later.]" Section 12. This Ordinance being necessary for the im- mediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this day of 1991. BOARD 0 C41JNTY COMMISSIONERS OF D7ZCIfUTES COUNTY, OREGON A EST;C C_-- cording Secretary 6 - ORDINANCE NO. 91-013 (2/27/91) ss , c:ommiss MAUDLIN. Chairman