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3
W.THE BOARD OF COU!JTY COrxIISSIONERS
WdF]115��
4 In the Matter of an Ordinance
Providing for Uniform Procedure
5 Governing Land Use Applications,
Public Hearings and Appeals thereon
6
7 The County of Deschutes, Oregon, ordains as follows:
8 Section 1.000 Authority. This ordinance is enacted pursuant
9 to the provisions of ORS 215.412.
10 Section 1.100 Title. This ordinance shall be known as
11 the Deschutes County Uniform Hearings Procedure Ordinance.
12 Section 1.150. Purpose. The purpose of this ordinance is to
13 provide a uniform procedure applicable to land use actions®.
14 Section 2.000 Definitions. As used in this ordinance, the
15 following words and phrases shall mean:
16 2.001 "Applicant". A person applying for a permit,
17 rezoning or non -legislative comprehensive plan change.
18 2.005 "Application for Land Use Permit". A written
19 application requesting a change in zoning, conditional and non -
2 conforminc, uses variances, subdivisions and matters relating to
21 the comprehensive plan, and amendments to plan;
22 2.010 "Board". The Deschutes County Board of Commission(
23 2.015 "Contested Case". Proceedings in which the legal
24 rights, duties or privileges of specific parties under the Deschutes
25 County Zoning Ordinance, Subdivision Ordinance, Land Partition
26 Ordinance or other similar ordinance regulating land use are require(It
C;l C>
Page 1 Ordinance PL -9
I a -
1 determined only after a hearing at which specific parties are
2 entitled to appear and be heard.
3 Section 2.020 Hearing, Initial.
4 1. An initial hearing is a quasi-judicial hearing authorized
and conducted by the Hearings Officer or Planning Commission to
6 determine:
7 (a) If a change or permit shall be granted or denied.
8. 2.025 "Hearings Officer." A planning and zoning Hearings
9 Officer appointed or designated by the Board of County Commissioners
1() pursuant to ORS 215.406 or, in the absence of such appointed Hearings
11 Officer, the Deschutes County Planning Commission.
C>
12 2.03.0 "Land Use Action." Any action involving an applicat
0 13 for a land use permit.
14 2.035 "Party." Any person who has standing to be heard
15 under Section 8.000.
16
2.040 "Permit." Authority
for, or approval of a
proposed
17
use of land
for which approval is a matter of discretion and
is
18
required by
a land use ordinance. The
term includes, but is
not
19
limited to,
permission given for those
changes set forth in
Section
20
2.005 and a
special exception, special
-design zone and other
similar
21 permits.
22 2.045 "Person.it An individual, firm, partnership,
23 corporation, company, association, syndicate, or any legal entity,
24 and including any trustee, receiver, assignee or other similar
25 representative.
26 Section 2.050 "Planning Commission." The Deschutes Planning,
Page 2 Ordinance PL -9
2
3
Commission duly appointed by the Board.
Section 3.000 Application of Ordinance. The following shall be
processed or conducted in accordance with the ordinance.
4 1. All permit applications.
2. All contested cases.
3. All reviews initiated by the Planning Commission or
6
7 Board of an initial hearing.
8 4. All appeals from Hearings Officer or . Planning
9 Commission.
10 Section 4.000 Filing of Staff Report and Reply.
11 1. Within 20 days of the filing of an application for land
12 use permit, the Planning Departfnent shall render a staff report
13 setting forth its findings and recommendatiol, if any.
14 2. A copy of the staff report shall be mailed or otherwise
15 de . livered to the applicant, to the Hearings Officer and to such other
16 persons entitled to personal notice as may request the sameandpay a
17 reasonable fee for" the costs of the duplication, mailing and
18 administrative overhead.
19 3. Within 20 days after receipt of the staff report, the
20 applicant shall reply in writing to the . findings and recommendations
21 set forth in said report, citing his exceptions, if any, thereto and
22 the reasons therefore. Failure to submit written exceptions to the
23 staff report shall constitute a bar to the presentation thereof at
24 the time of hearing.
25 4. A copy of the applicants reply shall be mailed or
26 delivered to the staff and Hearings Officer, and to such other persons
Page 3 Ordinance PL -9
I
1 entitled to personal notice as may request the same and pay a reasonable
2 f I ee for the costs of the duplication, mailing and administrative
3 overhead.
4 5. Ten days after receipt of the applicant's reply or
5 response, the initial public hearing date shall be determined and
6 thereafter published.
7
Section 5.000 Notice of Hearing. At least ten days prior to said
hearing, written notice shall be sent by mail to the following,
9 persons: (1) The applicant;
.10 (2) All property owners of record, as shown on the official
11 maps of the Deschutes County - Tax Assessor, within 250 fraet
12 of the property which is the subject of the application.
13 Whenever a larger notification area is provided for by
14ordinance, statute or regulation, it shall be controlling.
15 (3) The failure of a property owner to receive mailed
16 notice shall not invalidate any land use action if a good
17 faith effort was made to give notice required by this
18 section. The date of mailing shall be considered the date
19 of notice.
20 Section 5.010 Contents of Notice. All notices prepared pursuant
21 to this ordinance shall contain:
22 (1) The date, time and place of the hearing;
23 (2) A legal description and a facsimile of the tax assessor'
24 official map, noting the subject property;
25 (3) The nature of the proposed action;
26 (4) A statement that all parties may appear and be heard.
Page 4 Ordinance PL -9
I Section 5.020 Published Notice. In addition to notice by mail,
2 notice of a hearing shall be published in a newspaper -of general
3 circulation in the county at least ten days prior to the hearing.
4 Section 6.000 Burden of Proof.
5 1. The burden of proof is upon the one seeking change. The
6 degree of that burden increases proportionately with the degree of
7 impact of the change which is sought.
8
2. The applicant shall in all
cases establish:
9
(a) Conformance with the
Comprehensive Plan; and
10
(b) Conformance with all
applicable statutes; and
11
(c) Conformance with all
applicable ordinance provisions
12
setting forth the various criteria to
be employed for rezoning,
13
conditional uses and variances; and
14
(d) Conformance with statewide planning goals wherever
15
they are determined to be applicable.
16
3. In addition to the requirements of subsection (2) of this
17
section, the applicant shall in the case of a requested rezoning
IS establish:
199
.(a) That there is a public need for a change of the kind.
20 in question; and
21 (b) That need will be best served by changing the
22 classification of the particular piece of property in question as
23 compared with other available property.
24C'
4. In the case of a rezoning, proof of a change of
25 circumstance or a mistake in the original zoning are additional
26 relevant factors to consider.
Page 5 Ordinance PL -9
UJ
0
I Section 7.000 Nature of Evidence.
2 1. All evidence which is reliable, probative and substantial
3 shall be received. Such evidence shall -be the type commonly relied
4 upon by reasonable prudent persons in the conduct of their serious
5 affairs.
6 2. The Hearings Officer may take notice of judicially
7 cognizable facts and may further take notice of general, technical or
8 scientific facts within his specialized knowledge.. Parties at a
9 hearing shall be notified of any facts so noticed and afforded an
10 opportunity to contest the facts so noticed.
11 3. All evidence offered and received shall be made a part of
12 the record of the case and, except for the facts which are noticed,
13 no other factual information or evidence shall be considered In the
14 determination of the issue. Documentary evidence may be received in
15 the form of copies or excerpts, or by incorporation by reference.
16 4. Every party shall have the right of cross- - examination
17 of witnesses who testify and shall have the right to submit rebuttal
18 evidence. Other participants permitted to testify or present evidence
19 shall have such rights as are determined by the Hearings Officer.
20 Section 7.010 Limitation on Oral Presentations.
21 1. The Hearings officer may set reasonable time limits for
22
oral presentations. Parties shall submit
prior
to the hearing such
23
relevant and material evidence in writing
CP
as is
necessary to support
24 their positions, and shall limit oral presentation to explanation of
25 the written presentation.
26 2. Groups who have standing under Section 8.000 shall
page 6 Ordinance PL -9
be encouraged to select spokesmen to present their position
2 3. The Hearings officer may exclude or limit cumulative,
3 repetitious or immaterial matter.
4 Section 7.020 Oath or affirmation. The Hearings Officer may
5 place a,nv person submitting testimony under oath or affirmation.
6 Section 8.000 Standing. The following persons, are affected
7 'parties and shall be entitled to appear of record either by them -
8 selves or through counsel at a hearing:
9 1. All persons entitled to personal notice by mail;
10 2. A neighborhood group that represents at least 50% of
11 the property owners within the notification area;
12 3. Any person who demonstrates to the Hearings Officer that
13 his legal rights are affected by -the outcome of the hearingi
14 4. Any person within reasonably close proximity to the
15 property that is the subject of ahearing who demonstrates to the
16 Hearings Body that he could sustain substantial economic or aesthetic
17 injury as a result of a proposed land use action.
18 Section 8.020 Determination 'of* Standing- Whenever possible the matter
19 of the Standing of any person shall be determined prior to a hearing
20 before the Hearings Body. Where a question of standing arises during
0
3:
znls!�8211 a hearing the Hearings officer, Planning Co-_,mmission or Board of Corn-
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-ouz-
< z wZ22 missioners may determine the issue of standing at that time or may con
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"(30 0
5 FUc�;E
O"Q.
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S,I�'23 tinue the hearing until the issue of star -ding is resolved. A hear
0 24 ing so continued shall be rescheduled at the direction of the Hearings
25 Officer or Planning Commission or Board of Commissioners.
26
Page 7 Ordinance PL -9
1 Section 9.000 Record. hearing shall be made by
2 1. A verbatim record of the hear
3 written or mechanical means.
4 2. All physical and documentary evidence presented shall be
5 marked to show the identity of the person offering the evidence and
6 whether presented on behalf of the proponent or opponent. Evidence
7 may be received subject to a later ruling as to its admissibility.
8 3. All exhibits received shall be retained by the'Hearings
9 officer until after any applicable appeal period has expired, at which
10 time the exhibit shall be released upon demand to the person identified
11 thereon.
12 Section 10-000 Challenge for Bias', Prejudgment or Pq--rsonal Interest.
13 1. Prior to Commencement of a Hearing, any party may chall-
14 enge the qualifications of the Hearings officer, members of the Plan-
15 ning commission or Board of commissioners for bias, pre-judgment, or
16 personal interest The challenge
17 shall be documented with specific reasons for said challenge.
18 2. No Hearings officer ormemberof a hearing body or County
19 Commissioners shall participate in a hearing, except under the rule of
20 necessity, if
(a) He has a direct or substantial financial interest in
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23 (b) He is related to the applicant or opponent in the
D .44 manner provided for in ORS 215.035;
25 (c) He is in business with the applicant;
0 26 (d) He has violated the prohibition on prehearing contacts
Page 8 Ordinance PL-9
0 las provided in section 10.020;
2 (e) For any reason he determines affects his impartiality.
3 3.Upon challenge to the Hearings officer, hearings body
4member or County commissioner, or should the member or officer have
5knowledge of personal involvement in the manner described in subsection
6 (2) of this section, he shall withdraw from, the hearing or make a
7statement of his capacity to hear, which statement shall be a part of
8the record.
9 4. In the event that the Hearings officer,shall withdraw
10 from the hearing or disqualify himself, the Planning commission may,
11upon notice given in the manner provided for in Section 5.000, 5.010
12 and 5.020, hold the initial hearing pursuant to Section 2.020 et seq.
13of this ordinance.
14 Section 10-020 Prohibition ori P're'-heaririq contacts. The Hear-
15ings officer, the Planning Commission and the Board of commissioners
16 shall not communicate directly or indirectly with any party as defined
17in Section 2.035 of this ordinance or his representative in connection
18with any issue involved in a hearing except upon notice and opportunity
19 for all parties to participate.
20 Section 11.000 Hearing Procedure -A hearing shall be conducted
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0 -c �z 81 -z 22 1. Explanation of the purpose of the hearing and a brief
.j:)Cco
O'OU- applicant must prove to have the request granted.
6'w� -
Oz� 23 statement of what the app
24 2. Call for challenges and abstentions -
0
25 3. statement of capacity to hear.
26 4. The staff report shall be presented- If a recommendation
Page 9 ordinance PL -9
1 is made, the report shall contain findings adequate to independently,
2 support the recommendation .if the report were the entire record.
3 5. Questions to the staff shall be permitted from any party.
4 6. Applicant's case shall he presented as follows:
5 (a) The applicant shall f irst be heard on his own behalf
6 or by his agent or attorney.
7 (b) Upon failure of the applicant or his representative
8 t appear at the hearing, or upon his express waiver to present testi-
9mony, the written application, together with written and documentary
10 evidence submitted as part of the record, shall be considered as pre -
11 senting the applicant's case.
12(c) Parties in favor of the applicant's request shall
13 next be heard. opponents shall
14 7. Cross-examination of the applicant by the
15be permitted. The Hearings officer may regulate the method of cross-
16examination, but shall allow reasonable time to both the opponents and
17to the applicant to answer all questions.
18 8. opponent's case may be presented. opponents shall be
19heard in the fol owing order:
20 (a) Neighborhood organizations,
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ZI (b) Persons entitled to written notice by -mail,
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Cc) Persons not entitled to notice.
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_j 23 9. Cross-examination of opponents shall be in the same
24 manner as allowed the applicant.
25 10. Public agencies affected by the request shall be allo-v7ed
26an opportunity to present evidence.
Page 10 ordinance PL -9
&I
2 shall either make his decision and state the findings of fact or con -
11. Close of hearing and deliberation. The Hearing Officer
3 tinue deliberation to a subsequent date, the time and 'date of which
4 shall he announced. No additional testimony or evidence shall be
5 taken after closing of the hearing.
6 Section 11.020 (a). objections to Jurisdiction, Procedure,
7 Notice, Qualifications. Any objections to lack of jurisdiction, fail -
8 ure to follow procedural requirements, failure to give proper notice
9 or objections to the qualifications of the Hearings officer or member
10 of the Planning or County Commissioners shall be made in writing not
11 later than ten (10) days prior to the date of the hearing unless such
12 objections arise during the course of the hearing itself. All such
13 objections shall be in writing if.possible and shall state in detail
14 the grounds of the objection.
15 Section 11.020 (b) When an objection is raised to matters
16 contained in Sub -section (a) of Section 11.020, the objection may be
17 heard in accordance with the procedures of Section 8.020 of this Ordi-
18 nance.
19 Section 11.040 Voting- All motions, orders and actions of
20 the Planning commission shall require passage by a majority of the mem-
0
hers of the Planning commission present and voting. In no case, how -
Z 0
_j,DMO e. action, order or motion carry or be adopted
Zwz 22 ever, shall any measure,
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'Mow
:)5' w3 of the Planning Commission voting
by a vote of less than four m
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0 24 in favor thereof. Five members of the Commission shall constitute a
25 quorum.
026
Page 11 Ordinance PL -9
Section 12.000 Re-application Limited. If a specific application
2 is denied, no re-application for substantially the same proposal may be
3 made for six (6) months following the date of the final decision.
4 Section 13.000 Review by Planning Com -mission and/or Board.
5 1. A review of the Hearings officers' actions and decisions
,e,may be initiated individually or jointly by the Planning Commission or
8 2. The review shall be ordered within 15 days of the date of
9the final written decision of the Hearings Officer.
10 3. A review hearing shall be conducted in the same manner pro-
livided for in appeals.
12 Section 14.000 Appeal.
13 1. The decision of the Hearings Officer or Planning Commission
14 shall be final unless a notice of appeal is received by the Planning
15 Director within fifteen da -yrs following the mailing of the final written
16 determination by the Hearings officer or Planning Commission to the
17applicant and to such other persons entitled to personal notice or who
18mav request the same in writing and pay a reasonable fee for the costs
19 of duplication, mailing and administrative overhead.
20 2. Any affected or aggrieved party may file a notice of
0
motion of the Planning Com-
,,�§21appeal, or an appeal may be initiated upon r
,4 0 �,"!
Z.Z 22mission.
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ppeal of an initial hearing shall be first addressed
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24 to the Planning Commission and an appeal from a decision of the Plan-
25ning Commission shall be addressed to the Board.
26
Page 12 ordinance PL -9
01 Section 14.010 'NOticeo .Appeal
2 1. Every notice of appeal shall contain:
3 (a) a statement of the interest Of the petitioners in
4order to determine if he was an affected or aggrieved party.
(b) a reference to the application sought to be reviewed
final decision of the Hearings officer.
6including the date of the specific grounds relied upon for I the appeal®
7 (c) the spe wing how the Hearings Officer, Plan-
9 (d) a statement sho
9 ning.Commission or Board erred in the application of the prescribed
10 criteria and requirements, and erred in the determination of the basic
11 facts to support the decision.
12 Section 14.020 Notice of Hearing on Appeal.
13 1. Notice of the hearing and a record of proceedings or re
required for an initial hearing.
14 view shall be the same as hearing is to be held de novo pursuant to Section
15 2. if the
16 14.020 (4) , (a) and (b) , notice of such-fact shall also be given.
17 3. Except as provided by subsection (4) of this section;
18 the review of the initial . hearing shall be confined to the record of
19 the proceeding below, which shall include: party to the pro-
20 (a) All materials submitted by any
0
2: duly received or considered by the hearings officer
9 21 seeding which were
lboe zr- U -!
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LU Commission as evidence;
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— 22 and Planning
d by the Planning Depart-ment.
All materials submitted (b)
23
Cc) The tape recording and the minutes of the hearing;
24
25 or a transcript I of the hearing if requested by the Board;
(d) The findings made and actions taken by the Hearings
26
Page13 ordinance PL-9
I
Commission and the notice of appeal;
nta-
1 officer or Planning their . legal represe
2 (e) Argument by the parties or
tives at the time of review by the F-earings officer or Planning Com-
3
4 . missian® 4. (a) A party may request a de novo hearing by f i. ling a
5 d of Comm� issioners.
tion with the Planning Commission or Boar
6 written mo ailing of the final written deter-
7 within fifteen days following the m
8 urination by the Hearings officer or Planning Commission as set forth
9 in Section 14-000 (1). The motion shall set forth the reasons for the
10 requested de novo hearing. -ing Commission or Board of Commissioners may
11 (b) The Plan ni
12 . rant or deny the motion for a de novo hearing. Not later than 14 days
gI
ter is set TO
for a hearing, the Planning CO-
13 prior to the time the mat . - notify applicant and/or
14 mission or Board or its' representative shail
15 parties filing the appeal or their representatives whether the Motion
a. In t he event that such notice is not forth-
16 has been granted or denie
17 coming within suchTq
14 days prior to the date of the hearing, the
.otion
18 shall be deemed to have been denied.
19 Upon granting the motion, the Planning Commission or Board may
20 determine to conduct the hearing on appeal either fully, de novo or
0 is denied, the hearing shall be
M d. if the moti-on
�= �E 21 de novo on the record.
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tn�:<�Ow 22 conducted co
W_ in conformance 1,7ith Section 14.020 (3)
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8. 0
cn � conducted in
aucl eview shall be
A de novo hearing on r
O_j L,n z. 23
ection 11-000.
z,+ conformance with s
25 5. The Planning Commission or the Board ma-%.r af f irri, reverse
26 or amend the action taken at the initial hearing, and may grant
Page 14 ordinance PL9
I approval subject to such conditions as are deemed necessary to carry
2 out the comprehensive plan or other annlicable laws, ordinances or
3 regulations. The Board may also remand the matter back to the Hear -
4 ings officer for further review or information.
5 6. In all cases the . Planning Commission or Board shall make
6 findings of fact based on the evidence before it, or it xray adopt the
7 findings of the hearings officer as its own. Following the close of
8 the hearing the Planning com make its
or Board shall either
9 decision and state the findings of fact or continue deliberation- to a
10 subsequent date, the time and date of which shall be announced. No
1I additional testimony or evidence shall be . taken after the close of the
12 hearing. Findings of fact shall be signed by the Chairman of Plan -
13 ning Commission or the Board and filed with the planning Director.
014 7. The Planning commission or Boards' decision shall be -
15 come final on the fifteenth day following the --m-ailing of the final
16 written determination as set forth in.Section 14-000 (1), unless a
17 rehearing is made pursuant to Section 15-000, or an appeal of a Plan-
a
18 ning Commission's decision is requested pursuant. to Section 14.000.
19 Section 15.000 Rehear hg' by the Board of Commissioners. The
20 Board may rehear a matter on its own motion, or upon petition of an
ieved party, pursuant to'this section.
zC;E18 ZI affected or aggr
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'02
22 1.
I z A motion for rehearing shall be made, if at all,
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S zM 23 10 -days after the Board's decision.
at which the Board determines to rehear
24 2. At the meeting
25 1 the matter it shall set the time and place for such rehearing which
26 shall not be later than 21 days from the date of the decision upon
Page 15 Ordinance PL -9
0 1 first review.
2 3. A rehearing may be heard in any manner provided for in
3 the first review, except that all new evidence and testimony intro-
4 duced at the first review shall also be included in the record.,
5 4. No action shall be reheard more than once.
'and' Anzeridm.ents This ordinance may
6 Section 16.Ooo Changes
7 be amended, supplemented or changed by the Board. A pro'Posal for
8 change or amendment may be initiated by the Board, the Planning Di-
, the Hearings officer or by the pe-
9 rector, the Planning Commission,
10 tition of any property owner. All proposals shall be submitted in
11 typed draft form®
12 Section 17.000 Severability_ it shall be considered the
3. legislative intent of this ordinance that if any part Of this ordi-
1
14 nance is held unconstitutional or otherwise void, or is repealed or
15 impliedly repealed by federal or_..state law or county ordinance, it
16 shall remain in force except:
17 1. The remaining provisions which are so essential and in-
18 separably connectdd with and dependent upon the unconstitutional or
19 otherwise void or repealed part, that it is apparent that such re
20 maining provisions would not have been enacted with the unconstitu-
0
X ivoid parts or repealed part; and
ZC 07S 11 8 2I tional or otherwise
are in-
ro'. Z' standing alone,
V),(D
�<Z�-z 22 The remaining provisions whi&
::) 1 2.
ocro
O:r with the
�ry6W
of being executed in accordance
QOamr
23 complete and incapable
24 legislative intent.
25 Section18-0()0 Publicatiori.and Effect 'of Rules.
• 26 1. . To the extent that these rules conflict with rules of pro-
Pagel 6 Ordinance PL-9
cedure established by another land use ordinance, these rules shall
3 2. Thes6 rules shall be published and made available for the
4 cost of reproduction to all persons requesting them.
5 The foregoing ordinance being necessary for the immediate 7pre-
6 servation of the public peace, health and safety, an emergency is de -
7 clared to exist, and this ordinance takes effect on the nineteenth
8 day of October, 1977.
9
10
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Page 17 Ordinance PL -9
I
DESCHUTES COUNTY BOARD OF COI-TMISSIONERE-
4
CHAIX-IAXI CIO,*
-Ir
CM. S - �-O N E �R
CQnt4ISSIO-I%TD-R
IN THE BOARD OF COUNTY COMISSIO'N,ERS OF THE STATE OF OREGON
Is FOR DESCHUTES COUNTY
In t ---e Matter of
DESCHICTES COUNTY PRODECURAL 0 R D E R
ORD :,2LA'_�CE NO. PL -9
W:—_ EAS, Deschutes County Procedural Ordinance PL -9. requires that de novo,
heari-nzs be granted only on motion and for cause;
NoW, THEREFORE, IT IS HEREBY ORDERED that:
1. No appeals from decisions and actions of an initial hearings body -pursuant
to Deschutes County Procedural Ordinance PL -9 shall be granted except on motion
-z the Board or Planning Commission, showing cause why the appellant had no
priory opportunity to present the evidence or testimony sought to be introduced in
the -;e novo hearing.
2. T1,iS Order supersedes the undated 1--liemorandum of the previous term of
DA= this day of July, 1979.
BOARD OF COUN Y COMMISSIONIE'S
Chairman
=-i ssioner
V.,
Commissioner
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Section
2.050 of Ordinance No. PL -9,
Deschutes County Uniform Hearings
Procedure Ordinance; Declaring an
Emergency; and Providing for an
Effective Date
THE BOARD OF COUNTY CMIISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. That Section 2.050 of Ordinance No. PL -9,
is amended to read as follows:
Section 2.050. "Planning Commission." Within un-
incorporated Deschutes County, Oregon, the
Deschutes County Planning Commission duly appointed
by the Board, excapt that within an urban growth boundary
Where an Urban Area Planning Commission has been
formed, the Urban Area Planning Commission.
Section 2. This Ordinance being necessary for the
immediate preservation of public peace, health and safety, an
emergency is declared to exist, and this Ordinance takes effect
on January 1, 1981.
/1980. this day of D e, - c�,, 1980.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Chairman
Commis ionet
Commissioner
ATTEST:
TA1,2-1Y J"? RkCH_-�RDS 0O�T
Recording Secretary
nVnTN7NVrV Nn A n- 91�n P A (�'p I
0 BEFORE THE BOARD 01-' COUNTY COil4MISSIUNEkS CIL DL"-JChU'i E C-. COUNTY, "IZEGON,
An Ordinance Amending, Ordinance)
No. PL -9, the Deschutes Countyh12=2t4,,1VED
Uniform hearings Procedur(�
Ordinance, as Amended, to Pro-
Vidc Special Notice Provisions
for hearings on Transmission
and Other iviajor Utility Lines; DEPT.
pt
and Declaring an Emergency.
ORDINANCE NO. 31-051
WHEREAS, transmission and i-.,,aJor utility lines, because of
their physical configuration, have a generalized impact on an area
affected by the line; and
f
-0-the pr&�-J� erty
WHEREAS, individual notice within 2'50 feet
subject to an application for a transmission or r.-.ajor utility line
would be unlikely to give notice to all persons affected by the
application; anul
WHEREAS, it would be burdensome to the County to dive such
notice; and
WHEREAS, alternative forms of notice are more reasonable
for such applications; now, therefore,
THE BOARD CF COUL4TY COMI-11ISSIONIERS OF' D-ESCHUTE:J COUNTY,
OREGON, ORDAINS as follows:
Section 1. That Section 5.00(;, Notice of Hearing, of
Ordinance No. PL -9, Deschutes County Uniform hearings Procedure
Ordinance, as amended, is amended to read as follows:
Section 5.000. Notice of 1-Icaring.
1 Notice for applications for a lend use puri,-iit,
other than transmission or other major utility
lines, shall be given at least ten (10) clays
prior to said hearing. 10'ritten notice: shall
be sent by mail to th,.; following persons:
(a) The, , Cant;
(b) -0-Certy owners of recoLu, as sho-,.n
..e official i-liapS of the Deschutes
,iLy Tax Assessor, within 250 foot of
t.,o proper!Cy -hich is the subject of the
al;plication.
ORDINANCE NC. S1-051, PAGE 1
BEFORE THE BOARD OF COUNTY COMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordinance
No. PL-9,,Deschu-Les County
Uniform Hearings Procedure
Ordinance, by the Addition of
Section 15.500, Providing for
the Duration and Extensions of
Land Use Permits; Providing
for Procedures and Fees; and
Declaring an Emergency.
0
0
ORDINANCE NO. 81-024
WHEREAS, Ordinance No. PL -9, the Deschutes County Uniform
Hearings Procedure Ordinance, provides the procedure for the granting
and denying of land use permits; and
WHEREAS, land use permits not resulting in County legisla-
tion expire at various times under the Ordinances applicable to the
various permits; and
WHEREAS, confusion exists regarding the extension of permits;
C"71
M
WHEREAS, no uniform procedure exists relating to the duration
and extension of said permits; and
WHEREAS, it is necessary to provide uniformity and con-
sistency of application within the land use permit process; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. That Ordinance No. PL -9, Deschutes County
Uniform Hearings Procedure Ordinance, be amended by the addition of
Section 15.500, which reads as follows:
"Section 15.500 Duration of Land UsePermits
and Extensions.
(1) Duration of Permits. All land use permits
shall be valid or a period of one year
after the date of approval. The date of the
approval is the date the final written -
decision on the land use action is mailed
to the parties.
ORDINANCE NO. 81-024, PAGE 1
$1
(2) Extension Prior to Expiration.
(A) A land use permit dated on or after
the date of this Ordinance, or expiring
after the date of this Ordinance, may
be extended by the Planning Director or
his designee prior to expiration for
a period of three months.
(B) An extension may only be granted if the
applicant has commenced activity and made
significant progress -under the permit
during the initial duration of the permit.
If the permit is conditional, significant
progress means with respect to the con-
ditions, that some action must have commenced
with respect to each condition.
(3) Extension of Expired Permit When -Circumstances
Not Changed. An expired land use permit dated
prior to the date of this Ordinance, and which
expired on or prior to the date of this Ordinance,
may be extended for a period of three months at
any time within two years after the date of the
expiration of the permit, provided there have
been no changes in the comprehensive plan or
other applicable ordinances which, if applied
to the permit, would change the result or
character of the land use permit, if the ex-
piration of the permit was due to excusable
neglect, mistake, or other special circumstances.
(4) Extension of Expired Permit When Circumstances
Changed. An expired permit dated prior to the
date of this Ordinance, and which expired on or
prior to the date of this Ordinance, may be
extended for a period of three months at any
time within sixty (60) days after the date of
this Ordinance, even though changes in the
Comprehensive plan or other applicable ordinances
which, if applied to the permit, would change
the result or character of the permit, if the
expiration of the permit was due to excusable
neglect, mistake, or other special circumstances.
(5) Extension Procedure..
(A) An extension by the Planning Director or
his designee shall be done administratively,
in writing and without notice.
ORDINANCE NO. 81-024, PAGE 2
(B) The applicable procedure for applying
for an extension of an expired land use
permit or a permit not extended by the
Planning Director under Section 15.500(2)(B),
shall be in accordance with the Deschutes
County Uniform Hearings Procedure Ordinance,
except that a hearing on the initial
application need not C�l be held unless a
person receiving notification of the pro-
posed extension objects to the extension
in writing prior to the granting of the
extension, or objects orally at the meeting
where the extension is considered. If
objection is filed, it shall be heard as
a land use action. Initial review and action
on requests for extension of an expired
permit or a permit not extended by the
Planning Director under Section 15.500(2)(B)
must be done in a public meeting. Notice
of this meeting and request for extension
shall be mailed to all Persons within
250 feet of the applicant's property.
(C) The fee for application for an extension by the Planning
Director or his designee shall be $10.60.
The fee for extension for an extension of a permit by
the Hearings officer shall be $100.00.-
(D) Applications must be submitted in writing,
and shall be reviewed by the Planning Director
for a recommendation prior to the Hearings
C)
Officer's initial action on the request,
if any.
(6) A permit which has received a three-month extension
in accordance with Subsections (2) through (5) of
Section 15.500 of this Ordinance may be extended,
if application is made prior to expiration of the
extension, for an additional three-month period.
Such an extension shall be heard by the Hearings
Officer as a land use action, using the criteria
set forth in Section 15.500(2)(B). The fee for
an application under this Subsection shall be
$250.00.
(7) Appeals of any decision of the Hearings Officer
shall be heard as appeals of a land use action."
ORDINANCE NO. 81-024, PAGE 3
LI
u
Section 2. This Ordinance being necessary for the immediate
preservation of public peace, health and safety, an emergency is
declared to exist, and this Ordinance takes effect on its passage.
DATED this day of Sep , 1981.
BOARD OF COUNTY COMISSIONERS
OF_DWUTES COUN
'T', OREGON
ATTEST:
SUSAN STONEKAN
Recording Secretary
C)
ORDINANCE NO. 81-024, PACE 4
BERT G. PAUL 'UN, JK. , un
2�
BERT, A,,/ YOUNG,, Corm;zi:Yt lone
C. SIjEPARD, Commis'sioner
m
0 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
E
An ordinance Providing for
Uniform Land Use Action
Procedures, Repealing
Ordinance P1-9, As Amended,
Article X and XI of ordinance
No. 80-201, as Amended, and
Section 11.030 of Ordinance
No. 81-043, Continuing Lia-
bilities, and Declaring an
Emergency.
ORDINANCE NO. 82-011
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Introduction. This ordinance is enacted to pro-
vide a uniform procedure for administrative actions and hearings.
This ordinance shall be known as the Deschutes County Uniform Land
Use Procedure Ordinance.
Section 2. Land Use Permit. The words Land Use Permit, as
used in this ordinance, mean any land use permit, other than a
building, sign, sanitation, or utility connection permit.
Section 3. Administrative Actions. An application for a
Land Use Permit, other than a Type I Subdivision, Planned Unit
Development, Planned Community, Destination Resort, Comprehensive
Plan Map Amendment, and Zone Change may be decided as an adminis-
trative action.
1. such an application shall be made to the Planning
Director who may act upon the application or refer the application
to the Hearings Body for hearing.
2. Notice of the application shall be sent within ten
(10) days of the receipt of the application to persons entitled
notice as provided in Section 7. 1
3. Any person may comment in writing on the application
within ten (10) days from the date notice was mailed.
4. The Planning Director's decision shall be made
within twenty (20) days after the mailing of notice.
1 - ORDINANCE NO. 82-011
11
S. The Applicant and all persons commenting as provided
in this Section constitute parties to the administrative decision.
Any party can appeal the decision in accordance with Section 22 of
this Ordinance. On appeal, a de novo hearing shall be held.
Section 4. Site Plan Review. If a Site and Design Review
Committee reviews Site Plan applications, such review shall be in
accordance with the procedures as set forth in Section 3 of this
Ordinance.
Section 5. Filing of Staff Report for Hearing.
1. At the time an application requiring a hearing is
filed, a hearings date shall be determined.
2. A staff report shall be completed fifteen (15) days
prior to hearing.
3. A copy of the staff report shall be mailed to the
Applicant, made available to such other persons who request a
copy, and shall be filed with the hearings body.
4. Oral or written modifications and additions to the
staff report shall be allowed prior to or at the hearing.
Section 6. Hearings_Bodv order. The following shall serve
as Hearings Body in this order:
1. Hearings Officer
2. Planning Commission
3. Board of County Commissioners
Section 7. Notice of Hearing or Administrative Action.
1. Notice of an application for a Land Use Permit,
other than 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 an application for admin-
istrative action. Written notice shall be sent by mail to the
following persons:
b. All owners of property abutting the property which
is the subject of -the application. For the purpose of determin-
ing whether property abuts another property, intervening public
and private ways and water courses shall not be considered.
2 - ORDINANCE NO. 82-011
C. All owners of property located within 250 feet of
the property which is the subject of a Plan Amendment applica-
tion or Zone Change application.
2. Notice for all applications shall also be posted on the
property and be visible from any adjacent public way, where prac-
ticable.
3. Notice for a utility facility line permit 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 and be
visible from any public way in the vicinity of the proposed route.
4. In addition to notice by mail or posting, notice of a
hearing or administrative action shall be published in a newspaper in
the County at least ten (10) days prior to the hearing or administra-
tive action.
5. The failure of a property owner to receive mailed
notice shall not invalidate any permit.
Section 8. Contents of Notice.
1. All notices shall provide reasonable notice of the
hearing or administrative action, the nature of the applicant's
request, and the right to comment in writing. If a hearing is to be
held, the notice shall also inform interested persons of their right
to appear at the hearing on the application.
2. All notices for hearings shall contain a statement that
recipients may request a copy of the staff report.
Section 9. Burden of Proof. The burden of proof is upon the
one seeking change.
Section 10. Nature of Evidence. All relevant evidence shall be
received.
Section 11. Limitation on Oral Presentations. The hearings
body may set reasonable time limits.
Section 12. Standing. Any person appearing on the record at
'z -
the hearing or presenting written evidence in conjunction with an
administrative action or hearing shall have standing and shall be a
party.
Section 13. Record.
1. A magnetic tape record of the hearing shall be made.
3 - ORDINANCE NO. 82-011
2. All exhibits presented shall be marked to show the
identity of the person offering the evidence.
3. Exhibits shall be numbered in the order presented, in
two categories, Proponents and opponents, and shall be dated.
4. When introduced, the Proponent or opponent Exhibit
number or letter shall be read into the record.
Section 14. Prohibition on Pre-Hearinq Contacts. 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 hearing except upon notice and opportunity
for all parties to participate. Any pre -hearing contacts shall be
disclosed prior to the hearing.
Section 15. Challenge for Bias, Prejudgment or Personal
TntprPRt-
1 . 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 documented with specific reasons supported by facts.
2. 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.
Section 16. Hearing Procedure.
1. A hearing shall be conducted in the following order:
a. The hearings body shall explain the purpose of the
hearing and announce the order of proceedings, including reason-
able 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.
C. Any facts received, noticed or recognized outside
of the hearing shall be stated into the record.
d. Challenges to the hearings body's qualifications to
hear the matter shall be stated.
e. Order of presentation:
1. Staff report
2. Proponents' presentation
3. opponents' presentation
4. Proponents' rebuttal
4 - ORDINANCE NO. 82-011
E
5. opponents' rebuttal may be allowed in the
discretion of the Hearings Body
6. Staff comment
7. Questions from or to the chair may be
entertained at any time at the Hearings Body's
discretion.
Section 17. Objections to Jurisdiction, Procedure, Notice or
Qualifications. Any objections not raied prior to or during the
hearing are waived.
Section 18. Notice of Decision. The final decision shall be in
writing and mailed to all parties; provided, however, one person may
be designated by the Hearings Body to be the recipient of the deci-
sion for a group, organization, group of Petitioners, or similar
collection of individuals constituting parties.
Section 19. Reapplication Limited. If a specific application is
denied, no reapplication for substantially the same proposal may be
made for six (6) months following the date of the final decision.
Section 20. Temporary Permit. The Planning Director or Board of
County Commissioners may authorize a Temporary Land Use Permit for a
period not to exceed six (6) months, provided:
0 1. An application for the Land Use Permit has been
submitted.
2. The Applicant has demonstrated good and sufficient
cause for such a temporary permit.
3. It appears that the application will be approved in
substantially the form submitted by Applicant.
4. The Applicant accepts each and every risk of loss and
damage that may result if the application is denied, and further
agrees to hold County, its officers, agents, and employees harmless
from said loss and damage.
5. Applicant agrees to restore site to its original
condition if the application for the Land Use Permit is denied.
Section 21.
Review by Planning Commission and Board.
1. A review of an administrative action or a Hearings
Body's decision may be initiated by not less than two members of the
Planning Commission or the Board of county Commissioners.
2. The review shall be initiated in writing within fifteen
(15) days of the date of the mailing of the final.written decision of
the Planning Director or lower Hearings Body.
5 - ORDINANCE NO. 82-011
E
3. A review shall be conducted in the same manner provided
for in appeals.
Section 22. Apeal.
1. The decision shall be final unless a written notice of
appeal is received within fifteen (15) days following the mailing of
the final written decision.
2. The following persons may file an appeal®
a. A party
b. A person to whom notice was to be mailed in accord-
ance with Section 7 of this ordinance, and to whom no notice was
mailed.
3. A person to whom notice is mailed is deemed notified,
even if notice is not received.
Section 23. Notice of Appeal. Every notice of appeal shall
contain:
1. The specific grounds relied upon for appeal.
2. If a hearing was held, a transcription of the magnetic
tape record.
3. Failure to submit the transcription of the magnetic
tape record shall render a notice of appeal insufficient, except that
the said transcript may be submitted within ten days after the date
notice of appeal is filed.
Section 24. Hearing on Appeal.
1. All parties shall be mailed notice of the hearing on
appeal at least ten (10) days prior to the hearing.
2. The review on appeal shall be de novo, and shall be
heard as provided in Section 9 through 17 of this ordinance, except
that redundant evidence shall not be allowed.
3. The order of Hearings Body shall be as provided in
Section 6 of this Ordinance.
4. The record of the proceeding from which appeal is taken
shall be a part of the record on appeal.
Section 25.
Rehearing. Rehearings shall not be allowed.
6 - ORDINANCE NO. 82-011
E
Section 26. Duration of Permit. All Land Use Permits shall be
valid for a period of one year after the date of approval, unless a
longer duration is granted as part of the approval. The date of the
approval is the date the final written decision is mailed to the
parties.
Section 27.
Extension.
1. Any land use permit may be extended, prior to expira-
tion, by the Planning Director for periods of three months up to an
aggregate period of one year. Such extensions shall be administra-
tive, without notice, and in writing.
2. No permit may be extended unless significant progress
occurred during the duration of the permit or extension. If the
permit is conditional, significant progress means, with respect to
the conditions, that some action must have commenced or occurred with
respect to each condition.
3. An expired Land Use Permit dated prior to July 1, 1981,
and which expired on or prior to the date of this Ordinance, may be
extended by the Planning Director in accordance with the procedure
set forth in Section 27(1) of this Ordinance, for a period of three
months at any time within two years after the date of the expiration
of the permit, provided there have been no changes in the Comprehen-
sive Plan or other applicable ordinances which, if applied to the
permit, would change the result or character of the Land Use Permit,
if the expiration of the permit was due to excusable neglect,
mistake, or other special circumstances.
Section 28. Liabilities. The repeal of any Ordinance, or part
thereof, by this Ordinance shall not release or extinguish any
penalty, forfeiture, nuisance, obligation or liability incurred under
such Ordinance, unless a provision of this Ordinance shall so
expressly provide, and such ordinances repealed shall be treated as
still remaining in force for the purpose of sustaining any proper
action or prosecution for the enforcement of such penalty,
forfeiture, nuisance, obligation or liability.
Section 29. Repeal. Ordinance No. PL -9, as amended, Articles X
and :Z_IofOrdinance 80-201, as amended, and Section 11.030 of
Ordinance 81-043, are hereby repealed.
Section 30. Emergency. This Ordinance being necessary for the
immediate -preservation of public peace, health and safety, an
emergency is declared to exist, and this Ordinance takes effect on
its passage.
7 - ORDINANCE NO. 82-011
E
11
DATED this 'day of 1982.
BOARD OF COUNTY COMMISSIONER - S
OF DE$CHUTES COUNTY,
,PREG
'�ON
ATTEST:
SUSAN STONEMAN
Recording Secretary
8 - ORDINANCE NO. 82-011
CLAY Q—.-'aREPARD, Cha i`
11.71I.C.ev
T -
ROBERT C. PAULSON, JR.,
olm
.oAssioner