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HomeMy WebLinkAbout88-00588 -108F3 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF REVIEWED LE COUNSHL DESCHUTES COUNTY, OREGON An Ordinance Amending Sections 1, * r � e,•S7 2, 3, 4, 7, 8, 16, 20, 21, 22, 23 *yF:r'i�i` and 27 of Ordinance No. 82-011 an 14 Ordinance Providing For Uniform,` E:s` Land Use Action Procedures, Addling *" New Provisions; and Declaring an * 0090'M-1454 Emergency. ORDINANCE NO. 88-005 THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. Section 1, Introduction, of Ordinance No. 82- 011, is amended to read as follows: "Section 1. Introduction. This Ordinance is enacted to provide a uniform procedure for administra- tive action, hearings and remedies. This Ordinance shall be known as the Deschutes County Development Procedures Ordinance." Section 2. Section 2, Land Use Permit, of Ordinance No. 82- 011, is amended to read as follows: "Section 2. Definitions. The following defini- tions apply to this Ordinance. "Development Permit" means any permit, authorization or determination requested to be issued, given or made by the planning department, sanitation department or building safety department of Deschutes County, Oregon, arising from the laws of Deschutes County and the State of Oregon. The term development permit includes any land use permit, condominium plat review, permit exten- sion, forest management plan, landscape management plan, lot line adjustment, modification of conditions, sidewalk permit, sign permit, site plan change of use, verification of legal lot, building permit, plumbing permit, electrical permit and subsurface sewage dis- posal permit. "Land Use Permit" means any conditional use permit, partition, master plan, plan amendment, river setback exception, road dedication, road name changes, Class I road and street project, Class III road and street project, sign permit variance, site plan, solar access, solar shade exception, subdivision name change and subdivision variance and zone change." 1 - ORDINANCE NO. 88-005 (5/18/88) KEYF D MAY 3 1989 0090=1453 Section 3. Section 3, Administrative Actions, of Ordinance No. 82-011, is amended to read as follows: "Section 3. Administrative Actions. An applica- tion for a land use permit, other than a comprehensive plan map amendment and zone change, may be decided as an administrative 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. 3. Any person may comment in writing on the applica- tion 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. 5. The applicant and all persons commenting as pro- vided in this Section constitute parties to the ad- ministrative decision. Any party can appeal the deci- sion in accordance with Section 22 of this Ordinance. On appeal, a de novo hearing shall be held." Section 4. Section 4, Site Plan Review, of Ordinance 82- 011, is amended to read as follows: "Section 4. Final Action. 1. Except as otherwise provided, the Board of County Commissioners shall take final action on a land use permit within one hundred twenty (120) days after the application is deemed complete. 2. If an application is incomplete, the Planning Director shall notify the applicant in writing of exactly what information is missing within thirty (30) days of receipt of the application. The applicant may amend or submit a new application supplying the missing information. 3. The applicant shall have thirty (30) days from the date of notice from the Planning Director to supply the missing information. 4. If the applicant submits the missing information within the 30 -day period specified in subsection 3, the 2 - ORDINANCE NO. 88-005 (5/18/88) 00901454 application shall be deemed complete upon receipt of the missing information. 5. If the applicant refuses or fails to submit the missing information, the application shall be deemed complete on the 31st day after the application was first submitted and final action of the Board of County Commissioners shall be taken within one hundred fifty- one (151) days after the application was first received. 6. The periods set forth in this section during which a final decision on an application must be made may be extended for a reasonable period of time at the written request of the applicant. 7. The standards and criteria applicable to the application shall be the standards and criteria appli- cable at the time the application was first submitted if the application and requested information, if any, are received within one hundred eighty (180) days of the time the application was first submitted." Section 5. Section 7, Notice of Hearing or Administrative Action, of Ordinance 82-011, is amended to read as follows: "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 a complete application for administrative action. Written notice shall be sent by first class mail to the following persons: a. The applicant. b. All owners of property abutting the property which is the subject of the applica- tion. For the purpose of determining whether property abuts another property, intervening public and private ways and water courses shall not be considered. c. All owners of property located within 250 feet of the property which is the subject of a plan amendment application or zone change application. 3 - ORDINANCE NO. 88-005 (5/18/88) 0090-1455 d. The owner of a public use airport if the airport is located within 10,000 feet of property subject to the application. e. The tenants of a mobile home park when the application is for the rezoning of any part or all of a mobile home park. 2. Notice for all applications shall also be posted on the property and be visible from any adjacent public way, where practicable. 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 shall be published in a newspaper in the County at least ten (10) days prior to the hearing. 5. The failure of a property owner to receive mailed notice shall not invalidate any permit. 6. If an application proposes the rezoning of prop- erty, notice shall be given by first class mail at least 20 days, but not more than 40 days, before the date of the first hearing on the proposed rezoning of the property." Section 6. Section 8, Notice, of Ordinance No. 82-011, is amended to read as follows: "Section 8. Contents of Notice. 1. All notices of a hearing or administrative action shall: a. Describe the nature of the applicant's request. b. Describe in general terms the standards and criteria applicable from the Deschutes County comprehensive plan and implementing ordinances known to apply to the application at issue. C. Set forth the street address or easily understood geographical reference to the subject property. 4 - ORDINANCE NO. 88-005 (5/18/88) 0090-1456 d. State the date, time and location of the hearing or date by which written comments must be received. e. State that any person may comment in writing. f. If a hearing is to be held, state that any interested person may appear. g. State that failure to raise an issue in person or in writing precludes appeal by that person, and that failure to specify the criteria to which comment is directed pre- cludes appeal based on that criteria. 2. All notices for hearings shall contain a statement that recipients may request a copy of the staff re- port. 3. All notices shall contain the following statement: NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER." Section 7. Section 16, Hearings Procedure, of Ordinance No. 82-011 is amended to read as follows: "Section 16. Hearings 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 reasonable time limits on presentations by parties. b. A statement by the hearings body regard- ing pre -hearing contacts, bias, prejudice or personal interest shall be made. C. Any facts received, noticed or recog- nized outside of the hearing shall be stated into the record. d. Challenges to the hearings body's quali- fications to hear the matter shall be stated. e. The hearings body shall describe appli- cable substantive criteria, explain that testimony and evidence must be directed 5 - ORDINANCE NO. 88-005 (5/18/88) toward the substantive criteria and that failure to address a criterion precludes appeal based on that criterion. f. Order of presentation: 1. Staff report. 2. Proponents' presentation. 3. Opponents' presentation. 4. Proponents' rebuttal. 5. Staff comment. 6. Questions from or to the tained at any time at the discretion." 0090=157 chair may be enter - hearings body's Section 8. Section 20, Temporary Permit, of Ordinance No. 82-011, is amended to read as follows: "Section 20. Temporary Permit. The Board of County Commissioners or the Planning Director may authorize a temporary land use permit for a period not to exceed six (6) months, provided: 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 9. Section 21, Review by Planning Commission and Board, of Ordinance No. 82-011, is amended to read as follows: "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 6 - ORDINANCE NO. 88-005 (5/18/88) 0090-1458 members of the Planning Commission or the Board of County Commissioners. 2. The review shall be initiated in writing within ten (10) days of the date of the mailing of the final written decision of the Planning Director or lower hearings body. 3. A review shall be conducted in the same manner provided for in appeals." Section 11. Section 22, Appeal, of Ordinance 82-011 is amended to read as follows: "Section 22. Appeal. 1. The decision shall be final unless a written notice of appeal is received within ten (10) 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 required to be mailed in accordance with Section 7 of this Ordinance, and to whom no notice was mailed. 3. A person to whom notice is mailed is deemed noti- fied, even if notice is not received." Section 11. Section 23, Notice of Appeal, of Ordinance 82- 011, is amended to read as follows: "Section 23. Notice of Appeal. Every notice of appeal shall contain: 1. Any issue relied upon for appeal with sufficient specificity to afford the hearings body an adequate opportunity to respond to and resolve each issue. 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 (10) days after the date notice of appeal is filed." 7 - ORDINANCE NO. 88-005 (5/18/88) 0090=1459 Section 12. Section 27, Extension, of Ordinance No. 82-011 is amended to read as follows: "Section 27. Extension. Any land use permit may be extended, prior to expiration, by the Planning Director, for periods of six (6) months up to an ag- gregate period of one (1) year. Such extension shall be admini`stratiye, without notice, and in writing." Section 13. Ordinance No. 82-011 is amended by the addi- tion of Section 31, "Review of Denial of Development Permit", as set forth below: "Section 31. Review of Denial of Development Permit. If the authority under which a development permit, other than a land use permit, may be issued provides a means of review or appeal of a decision on the permit independent from this Ordinance, the review or appeal shall be in accordance with the procedures independently provided and not in accordance with this ordinance. If the authority under which a development permit may be issued does not provide a means of review or appeal of a decision on the permit, then review or appeal shall first be in accordance with Sections 22 to 24 of this Ordinance." Section 14. This Ordinance being necessary for the imme- diate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this /5A A day of _'1988. BOATD OF COUNTY COMM!,SSIONERS OF 0�SCHUTF4S,-COUNTYI, /OREGON LOIS BgISTOW PRANTE, Commissioner ATT ST: TOMIT 00 C issioner Recording Secretary CK MAUDL , Chairman 8 - ORDINANCE NO. 88-005 (5/18/88)