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HomeMy WebLinkAboutPL92 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- ',= 0 -m ! -ouz- < z wZ22 missioners may determine the issue of standing at that time or may con _i� :) cc "(30 0 5 FUc�;E O"Q. 5 , w� 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 ramp 0 7 ZOWZ-22 the subject of the hearing; 8=0 0 ct;F 51EM-W C) . '.. 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 0 X 2- zn-,-.-. 1 in the following order MoU '� : z � -J 0 Z.� wr>.O- -L 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, 0 R ZI (b) Persons entitled to written notice by -mail, ,pz w0,..Zp <ZOz 22 Cc) Persons not entitled to notice. J :). a0=0 ucl 5CC w UWU _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, U 00M 'Mow :)5' w3 of the Planning Commission voting by a vote of less than four m U) W 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. ,U:)CC0 pOS �zl23 3. The a- ppeal of an initial hearing shall be first addressed kyr,ww 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 -! , z - LU Commission as evidence; -Z — 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. LU Z O �O>-z tn�:<�Ow 22 conducted co W_ in conformance 1,7ith Section 14.020 (3) Z�z 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 0. O�<ZA vithin '02 22 1. I z A motion for rehearing shall be made, if at all, ,O�z J10=0 U) O 5 0 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 11 12 r - L -M 14 15 16 17 18 19 w 20 O znI5,09 /-I �' .0 '' �; '-4 10 08 a z J. -Z 22 8 E: 0 U0 C�;F °n -,,w"6 9 ,-,,z," 23 a 24 0 25 26 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