Chapter 16.04 UNIFORM DEVELOPMENT PROCEDURES

A. This chapter is enacted to provide a uniform procedure for the grant or denial and processing of applications, approvals and determinations by the planning department of Jefferson County under the applicable county comprehensive plan, land use regulations, subdivision and partition ordinance, and other ordinances which by their terms incorporate by reference the procedures in this chapter. This chapter shall be known as the Jefferson County development procedures chapter.

B. The provisions of this chapter do not apply to the issuance, suspension, or revocation of any on-site sewage disposal, building, electrical or plumbing permits except as they relate to the planning department consideration of permitted uses. (Ord. O-160-91 Exh. A § 1.1, 1991)

16.04.020 Definitions.

The following definitions apply to this chapter:

“Development action” means the review of any permit, authorization or determination that the Jefferson County planning department is requested to issue, give or make that either:

1. Involves the application of a county zoning ordinance or the county subdivision and partition ordinance and is not a land use action as defined in this section; or

2. Involves the application of standards other than those referred to in subsection (1), such as the sign ordinance.

For illustrative purposes, the term “development action” includes review of any condominium plat, permit extension, lot line adjustment, road name change, sidewalk permit, sign permit, verification of legal lot, setback determination, and lot coverage determination.

“Land use action” includes any consideration for approval of a quasi-judicial plan amendment or zone change and any consideration for approval of a land use permit.

“Land use permit” includes any approval of a proposed development of land under the standards in the county zoning ordinances or subdivision or partition ordinances involving the exercise of significant discretion in applying those standards.

By way of illustration, “land use permit” includes review of conditional use permits, variance request, farm or nonfarm dwellings, forest management plans, partition, master plan, river setback exception, rim setback exception, site plan, site plan change of use, modification of condition, solar access, solar shade exception, subdivision, and subdivision variance.

“Legislative changes” generally involve broad public policy decisions that apply to other than an individual property owner. These include, without limitation, amendments to the text of the comprehensive plans, zoning ordinances, or the subdivision or partition ordinance and changes in zoning maps not directly affecting individual property owners.

“Quasi-judicial” zone change or plan amendment generally refers to a plan amendment or zone change directly affecting individual property owners and that involves the application of existing policy to a specific factual setting. The distinction between legislative and quasi-judicial changes must ultimately be made on a case-by-case basis with reference to case law on the subject. (Ord. O-160-91 Exh. A § 1.2, 1991)

Article II. General Provisions

16.04.030 Application requirements.

A. Property Owner. For the purposes of this section, the term “property owner” means the owner of record or the contract purchaser and does not include a person who holds a security interest.

B. Applications for development or land use action shall:

1. Be submitted by the property owner or a person who represents in writing that he or she has authority from the property owner as defined herein to make the application;

2. Be completed on a form prescribed by the planning director;

3. Include supporting information required by the zoning ordinance and such information necessary to demonstrate compliance with applicable criteria; and

4. Be accompanied by the appropriate filing fee, unless such fees are waived by the Jefferson County commission.

C. The following applications are not subject to the ownership requirement set forth in subsection (B)(1) of this section:

1. Applications submitted by or on behalf of a public entity or public utility having the power of eminent domain with respect to the property subject to the application; or

2. Applications for development proposals sited on lands owned by the state or federal governments. (Amended during 2001 codification; Ord. O-160-91 Exh. A § 2.1, 1991)

16.04.040 Acceptance of application.

A. Development action and land use action applications shall not be accepted until the planning director has determined that (1) the requirements of Section 16.04.030 have been met and (2) the application is complete or the application is deemed to be complete under state law.

B. An application is complete when in the judgment of the planning director all applicable issues have been adequately addressed in the application.

C. Acceptance of an application as complete shall not preclude a determination at a later date that additional criteria need to be addressed or a later determination that additional information is needed to adequately address applicable criteria. (Ord. O-160-91 Exh. A § 2.2, 1991)

16.04.050 Incomplete applications.

A. If an application is incomplete, the planning director shall, within thirty (30) days of receipt of the application, notify the applicant in writing of exactly what information is missing. The applicant may amend his or her application or submit a new application supplying the missing information.

B. The applicant shall have thirty (30) days from the date of notice from the planning director to supply the missing information.

C. If the applicant submits the missing information within the thirty (30) day period specified in subsection B of this section, the application shall be deemed complete upon receipt of the missing information. (Ord. O-160-91 Exh. A § 2.3, 1991)

16.04.060 Applicable standards.

With respect to the county’s comprehensive plans, the standards and criteria applicable to an application shall be the standards and criteria applicable 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. (Ord. O-160-91 Exh. A § 2.4, 1991)

16.04.070 Notice to division of state lands.

In addition to any notice required by this chapter, the county shall provide the notices required by ORS 215.418 concerning state identified wetlands within five days of the acceptance of an application as complete. This section shall not become operative until the Division of State Lands has provided to the county a copy of applicable portions of the statewide wetlands inventory. (Ord. O-160-91 Exh. A § 2.5, 1991)

16.04.080 Conflicting procedures.

Except as set forth in this chapter, where other provisions of the Jefferson County Code or Jefferson County ordinances specify procedures with greater opportunity for public notice and comment, those procedures shall apply. (Ord. O-160-91 Exh. A § 2.6, 1991)

16.04.090 Time computation.

Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is a Saturday, Sunday, legal holiday or any day on which the county is not open for business pursuant to a county ordinance, in which case it shall also be excluded. (Ord. O-160-91 Exh. A § 2.7, 1991)

16.04.100 Mailing list.

Any person may, upon payment of a fee set by the planning director, request to receive the planning division’s weekly media update packet, which may include a list of accepted applications, planning commission agendas and hearings body notices. (Ord. O-160-91 Exh. A § 2.8, 1991)

Article III. Legislative Procedures

16.04.110 Hearing required.

No legislative change shall be adopted without review by the planning commission and a public hearing before the Jefferson County commission. Public hearings before the planning commission shall be set at the discretion of the planning director, unless otherwise required by state law. (Amended during 2001 codification; Ord. O-160-91 Exh. A § 3.1, 1991)

16.04.120 Notice.

A. Published Notice.

1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least ten (10) days prior to each hearing.

2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration.

B. Posted Notice. Notice shall be posted at the discretion of the planning director and where necessary to comply with ORS 203.045.

C. Individual Notice. Individual notice to property owners, as defined in Section 16.04.030(A) of this chapter, shall be provided at the discretion of the planning director, except as required by ORS 215.508.

D. Media Notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Jefferson County. (Ord. O-160-91 Exh. A § 3.2, 1991)

16.04.130 Initiation of legislative changes.

A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Jefferson County commission or the planning commission. (Amended during 2001 codification; Ord. O-160-91 Exh. A § 3.3, 1991)

16.04.140 Hearings body.

A. The following shall serve as hearings or review body for legislative changes in this order:

1. The planning commission;

2. The Jefferson County commission.

B. Any legislative change initiated by the Jefferson County commission shall be reviewed by the planning commission prior to action being taken by the county commission. (Amended during 2001 codification; Ord. O-160-91 Exh. A § 3.4, 1991)

16.04.150 Final decision.

All legislative changes shall be adopted by ordinance. (Ord. O-160-91 Exh. A § 3.5, 1991)

Article IV. Development Action Procedures

16.04.160 Review of development action applications.

A. A development action application may be handled administratively by the planning director without public notice or hearing.

B. The planning director has the discretion to determine that for the purposes of this chapter a development action application should be treated as if it were a land use action application. (Ord. O-160-91 Exh. A § 4.1, 1991)

16.04.170 Decision.

A. Development action applications acted upon without notice or hearing shall be approved or denied by the planning director or his designee within thirty (30) days of the application’s acceptance by the planning director.

B. Notice of a decision shall be provided to the applicant or the applicant’s representative.

C. The decision may be appealed under Article VIII of this chapter.

D. A development action, decision becomes final when no further appeal under this chapter is possible. (Ord. O-160-91 Exh. A § 4.2, 1991)

16.04.180 Review of development action.

If the authority under which a development action is undertaken provides a means of review or appeal of a decision independent from this chapter, the review or appeal shall be in accordance with the procedures independently provided and not in accordance with this chapter. If the authority under which a development action is reviewed does not provide a means of review or appeal of a decision, then review or appeal shall be in accordance with Article VIII of this chapter. (Ord. O-160-91 Exh. A § 4.3, 1991)

Article V. Review of Land Use Action Applications

16.04.190 Action on land use action applications.

A. The planning director may decide upon a land use action application for other than a comprehensive plan amendment and zone change administratively either with prior notification, as prescribed under Section 16.04.200 or without prior notification as prescribed in Section 16.04.210, he or she may refer the application to the planning commission for hearing. The planning director shall take such action within thirty (30) days of the date the application is accepted as complete. This time limit may be waived at the option of the application.

B. Zone change and plan amendment applications shall be referred to a hearing before the planning commission. (Ord. O-160-91 Exh. A § 5.1, 1991)

16.04.200 Administrative land use decisions with prior notice.

A. Notice of the application shall be sent within ten (10) days of acceptance of the application to persons entitled to notice under Section 16.04.280. Such notice shall include all the information specified under Section 16.04.290 except for the items specified in Section 16.04.290(A)(7) and (9).

B. Any person may comment in writing on the application within ten (10) days from the date notice was mailed.

C. The planning director’s decision shall be made within thirty (30) days after an application is accepted as complete. This time limit may be waived by the written consent of the applicant.

D. Notice of the planning director’s decision and the appeal period shall be sent to all parties and to all members of the planning commission.

E. 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 Article VII of this chapter. On appeal, a de novo hearing shall be held. (Ord. O-160-91 Exh. A § 5.2, 1991)

16.04.210 Administrative decision without prior notice.

The procedures for administrative decisions without prior notice shall be the same as those set forth in Section 16.04.190 of this chapter, except that (1) no prior notice shall be given and (2) the notice of decision shall contain the applicable information required by Section 16.04.290 of this chapter. (Ord. O-160-91 Exh. A § 5.3, 1991)

16.04.220 Final action in land use actions.

A. Except as otherwise provided, the Jefferson County commission shall take final action in land use actions within one hundred twenty (120) days after the application is deemed complete.

B. If the applicant refused or fails to submit missing information within the thirty (30) days specified in Section 16.04.030 of this chapter, the application shall be deemed complete on the thirty-first day after the application was first submitted and final action of the Jefferson County commission, if required, shall be taken within one hundred fifty-one (151) days after the application was first received.

C. 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.

D. Quasi-judicial comprehensive plan amendments are exempt from the time limits established by this section. (Amended during 2001 codification; Ord. O-160-91 Exh. A § 5.4, 1991)

16.04.230 Temporary approval.

A. The purpose of temporary land use approval is to allow an applicant in certain hardship or emergency situations to proceed with a land use action proposed in an application made to the planning division before the division completes its review of the proposed use. In all cases, an applicant receiving temporary approval must obtain final approval on the submitted application pursuant to the procedures specified in this chapter.

B. Subject to subsection E of this section, the Jefferson County commission or the planning director may authorize a temporary land use approval, provided:

1. An application for the land use approval has been accepted as complete.

2. A fee for review of the temporary approval has been paid.

3. The applicant has demonstrated good and sufficient cause for such a temporary approval.

4. It appears that the application will be given final approval in substantially the form submitted by the applicant.

5. The applicant accepts each and every risk of loss and damage that may result if the application is denied, and further agrees in writing to hold county, its officers, agents and employees harmless from such loss and damage.

6. Applicant agrees in writing to restore the site to its original condition if the application for the land use approval is denied.

C. For the purposes of this section, “good cause” shall include only hardship or emergency situations arising due to factors that, through the exercise of ordinary diligence the applicant could not have been foreseen. Good cause does not include an applicant’s request for a temporary permit for reasons of convenience only.

D. A temporary use approval shall not be granted for variances, zone changes or plan amendments.

E. The scope of the temporary approval shall be limited to allow the applicant to proceed only with that portion of the proposed use justifying the applicant’s claim of hardship or emergency.

F. A temporary use approval shall expire as follows:

1. Six months from the date of approval, if no decision has been reached on the underlying application;

2. On the date the appeal period runs on the decision on the underlying application; or

3. On the date all appeals of the decision on the underlying application. (Amended during 2001 codification; Ord. O-160-91 Exh. A § 5.5, 1991)

16.04.240 Application and supporting documents.

Except as provided for in Section 16.04.380 of this chapter, all documents or evidence relied upon by an applicant for a land use approval shall be submitted to the planning department as part of the application and be made available to the public at the time notice is provided under Section 16.04.280 of this chapter. (Ord. O-160-91 Exh. A § 5.6, 1991)

16.04.250 Availability of administrative decisions.

All administrative decisions for the proceeding month shall be made available for public review at a location to be designated by the planning director. In addition, the planning director shall maintain for public inspection a registry of administrative decisions for the previous twelve (12) month period. (Ord. O-160-91 Exh. A § 5.7, 1991)

Article VI. Land Use Action Hearings

16.04.260 Filing of staff report for hearing.

A. At the time an application that in the judgment of the planning director requires a hearing is complete, a hearing date shall be set.

B. A staff report shall be completed fifteen (15) days prior to hearing.

C. 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.

D. Oral or written modification and additions to the staff report shall be allowed prior to or at the hearing. (Ord. O-160-91 Exh. A § 6.1, 1991)

16.04.270 Hearings body.

The following shall serve as the hearings body in this order:

A. Planning commission, where the planning commission initiates a review of an administrative action;

B. Jefferson County commission. (Amended during 2001 codification; Ord. O-160-91 Exh. A § 6.2, 1991)

16.04.280 Notice of hearing or administrative action.

A. Individual Mailed Notice.

1. Except as otherwise provided for herein, notice of a land use action application, other than for a utility facility line, shall be mailed at least ten (10) days prior to the hearing for those matters set for hearing, or within ten (10) days after receipt of a complete application for administrative action. Written notice shall be sent by mail to the following persons:

a. The applicant;

b. Owners of record of property as shown on the most recent property tax assessment roll of property located:

i. Within one hundred (100) feet of the property that is the subject of the notice where any part of the subject property is within an urban growth boundary,

ii. Within two hundred fifty (250) feet of the property that is the subject of the notice where the subject property is within a farm or forest zone;

c. The owner of a public use airport if the airport is located within ten thousand (10,000) feet if the subject property;

d. The tenants of a mobile home park when the application is for the rezoning of any part or all of a mobile home park;

e. The planning commission.

2. Notwithstanding subsection (A)(1)(b)(i) of this section, all owners of property within two hundred fifty (250) feet of property that is the subject of a plan amendment application or zone change application shall receive notice.

3. The failure of a property owner to receive mailed notice shall not invalidate any land use approval.

B. Published Notice. In addition to notice by mail and posting, notice of a hearing shall be published in a newspaper of general circulation in the county at least ten (10) days prior to the hearing.

C. Media Notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Jefferson County if requested. (Ord. O-160-91 Exh. A § 6.3, 1991)

16.04.290 Contents of notice.

A. All mailed notices of a land use action hearing or a land use action application subject to administrative decision shall:

1. Describe the nature of the applicant’s request and the nature of the proposed uses that could be authorized;

2. List the criteria from the zoning ordinance and the plan applicable to the application at issue;

3. Set forth the street address or easily understood geographical reference to the subject property;

4. State the date, time and location of the hearing or date by which written comments must be received;

5. State that any person may comment in writing and include a general explanation of the requirements for submission of testimony and the procedures for conduct of testimony;

6. If a hearing is to be held, state that any interested person may appear;

7. State that failure to raise an issue in person at a hearing or in writing precludes appeal by that person to the land use board of appeals (LUBA), and that failure to provide sufficient specificity to afford the decision-maker an opportunity to respond to the issue precludes appeal to LUBA based on that issue;

8. State the name of a county representative to contact and the telephone number where additional information may be obtained;

9. State that a copy of the staff report will be available for inspection at no cost at least fifteen (15) days prior to the hearing and will be provided at reasonable cost;

10. All mailed 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.”

B. All mailed and published notices for hearing shall contain a statement that recipients may request a copy of the staff report.

C. All mailed and published notices concerning applications necessitating an exception to one of the statewide land use planning goals shall state that a goal exception is proposed and shall summarize the issues in an understandable manner. (Ord. O-160-91 Exh. A § 6.4, 1991)

16.04.300 Burden of proof.

The burden of proof is upon the one seeking change. (Ord. O-160-91 Exh. A § 6.5, 1991)

16.04.310 Nature of evidence.

All relevant evidence shall be received. (Ord. O-160-91 Exh. A § 6.6, 1991)

16.04.320 Limitation on oral presentations.

The hearings body may set reasonable time limits on oral testimony. (Ord. O-160-91 Exh. A § 6.7, 1991)

16.04.330 Standing.

A. Any interested person may appear and be heard in a land use action hearing.

B. Any person appearing on the record at the hearing or presenting written evidence in conjunction with an administrative action or hearing shall have standing and shall be a party. (Ord. O-160-91 Exh. A § 6.8, 1991)

16.04.340 Record.

A. A magnetic tape record of the hearing shall be made.

B. All exhibits presented shall be marked to show the identity of the person offering the exhibit.

C. Exhibits shall be numbered in the order presented in two categories, proponents and opponents, and shall be dated.

D. When exhibits are introduced, the proponent or opponent exhibit number or letter shall be read into the record. (Ord. O-160-91 Exh. A § 6.9, 1991)

16.04.350 Disclosure of ex parte contacts.

A. Prior to making a decision, the hearings body or any member thereof shall not communicate directly or indirectly with any party of pending hearing except upon notice and opportunity for all parties to participate. Should such communication, whether written or oral, occur, the hearings body member shall:

1. Publicly announce for the record the substance of such communication; and

2. Announce the parties’ right to rebut the substance of the ex parte communication during the hearing.

B. Communication between county staff and the hearings body shall not be considered to be ex parte contact. (Ord. O-160-91 Exh. A 6.10, 1991)

16.04.360 Challenge for bias, prejudgment or personal interest.

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 the qualification of the hearings body, or a member thereof, for bias, prejudgment or personal interest. The challenge shall be made on the record and be documented with specific reasons supported by facts. 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. A planning commission member with a conflict identified under ORS 215.035 must disqualify himself or herself after disclosure. (Ord. O-160-91 Exh. A § 6.11, 1991)

16.04.370 Hearing procedure.

A hearing shall be conducted as follows:

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 regarding pre-hearing contact, bias, prejudice or personal interest shall be made.

C. Any facts received, noticed or recognized outside of the hearing of the hearing shall be stated for the record.

D. Challenges to the hearings body’s qualifications to hear the matter shall be stated and challenges entertained.

E. The hearings body shall list applicable substantive criteria, explain that testimony and evidence must be directed toward that criteria or other criteria in the comprehensive plan or land use regulations that the person believes to apply to the decision, and that failure to address an issue with sufficient specificity to afford the decision-maker and the parties an opportunity to respond precludes appeal to LUBA based on that issue.

F. Order of presentation:

1. Open the hearing;

2. Staff report;

3. Proponents’ presentation;

4. Opponents’ presentation;

5. Proponents’ rebuttal;

6. Opponents’ rebuttal may be allowed at the hearings body’s discretion;

7. Staff comment;

8. Questions from or to the chair may be entertained at any time at the hearings body’s discretion;

9. Close the hearing.

G. The record shall be available for public review at the hearing.

H. A form of preliminary statement incorporating the provisions of this section is set forth as Appendix A to the ordinance codified in this chapter for use by the Jefferson County commission. (Amended during 2001 codification; Ord. O-160-91 Exh. A § 6.12, 1991)

16.04.380 Continuances.

A. Except as set forth in this section, continuances shall be granted at the discretion of the hearings body.

B. Any party shall be entitled, upon request, to receive a continuance of the hearing if additional documents or evidence to those supplied with the application are provided in support of the application. Such a continuance shall not be subject to the one hundred twenty (120) day time limit set forth in Section 16.04.200 of this chapter.

C. Any party shall be entitled, upon request, to receive a continuance of the bearing if the staff report is changed either by identification of applicable criteria not identified in the staff report initially made available to the public.

D. The hearings body shall, where possible, set forth a time certain for resumption of the hearing. (Ord. O-160-91 Exh. A § 6.13, 1991)

16.04.390 Close of the record.

A. At the conclusion of the public hearing, the hearings body shall either make a decision and state findings that may be incorporated into a written decision, close the record and take the matter under advisement, or leave the record open for written testimony.

B. Any participant at a hearing before the hearings officer is entitled upon request to have the record remain open for submission of written testimony. Such an extension shall be for at least seven days and shall not count against the one hundred (120) day period. (Ord. O-160-91 Exh. A § 6.14, 1991)

16.04.400 Objections to jurisdiction, procedure, notice or qualifications.

Any objections not raised prior to the close of oral testimony are waived. (Ord. O-160-91 Exh. A § 6.15, 1991)

Article VII. Land Use Action Decisions

16.04.410 Decision.

A. Approval or denial of a land use action shall be based upon and accompanied by a brief statement that explains the criteria and standards considered relevant to the decision, states the facts relied upon in rendering the decision and explains the justification for the decision based upon the criteria, standards, and facts set forth.

B. Any portion of an application not addressed in a hearings body’s decision shall be deemed to have been denied. (Ord. O-160-91 Exh. A § 7.1, 1991)

16.04.420 Notice of decision.

A hearings body’s decision shall be in writing and mailed to all parties; however, one person may be designated by the hearings body to be the recipient of the decision for a group, organization, group of petitioners or similar collection of individual participants. (Ord. O-160-91 Exh. A § 7.2, 1991)

16.04.430 Decision on plan amendments and zone changes.

A. Except as set forth herein, the planning commission shall have authority to make decisions on all quasi-judicial zone changes and plan amendments. Prior to becoming effective, all quasi-judicial plan amendments and zone changes shall be adopted by the Jefferson County commission.

B. In considering all quasi-judicial zone changes and those quasi-judicial plan amendments on which the planning commission has authority to make a decision, the Jefferson County commission shall, in the absence of an appeal or review initiated by the commission, adopt the planning commission’s decision. No argument or further testimony will be taken by the commission.

C. Plan amendments requiring an exception to the goals or concerning lands designated for forest or agricultural use shall be heard de novo before the Jefferson County commission without the necessity of filing an appeal, regardless of the determination of the hearings body. Such hearing before the commission shall otherwise be subject to the same procedures as an appeal to the commission under this chapter.

D. Notwithstanding subsection C of this section, when a plan amendment subject to a subsection C hearing before the Jefferson County commission has been consolidated for hearing before the planning commission with a zone change or other application not requiring a hearing before the commission any party wishing to obtain review of the planning commission’s decision on any of those other applications shall file an appeal. The plan amendment shall be heard by the commission consolidated with the appeal of those other applications. (Amended during 2001 codification; Ord. O-160-91 Exh. A § 7.3, 1991)

16.04.440 Reapplication limited.

If a specific application is denied, no reapplication for substantially the same proposal may be made for six months following the date of the final decision. (Ord. O-160-91 Exh. A § 7.4, 1991)

16.04.450 Review by planning commission and board.

A. Review of an administrative action or decision may be initiated by not less than two members of either the planning commission or the Jefferson County commission.

B. 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.

C. Review shall be conducted in the same manner provided for in appeals, except that an appeal fee and transcript shall not be required. (Amended during 2001 codification; Ord. O-160-91 Exh. A § 7.5, 1991)

16.04.460 Proposed order.

The hearings body may require that any prevailing party draft a set of proposed findings and conclusions. (Ord. O-160-91 Exh. A § 7.6, 1991)

16.04.470 Compliance with ORS 215.418.

A. Final approval of any activity referred to in ORS 215.418 (1) regarding state-identified wetlands must include the notice statements required by ORS 215.418 (3).

B. Individual notice to the applicant and the owner of record consistent with ORS 215.418(5) shall be provided, unless notice in the written decision notice satisfies that requirement.

C. Failure of the county to provide notice as required in this section shall not invalidate county approval.

D. This section shall not become operative until the Division of State Lands makes available to the county a copy of the applicable portion of the statewide wetlands inventory. (Ord. O-160-91 Exh. A § 7.7, 1991)

Article VIII. Appeals

16.04.480 Who may appeal.

A. The following persons may file an appeal:

1. A party;

2. In the case of an appeal of an administrative decision without prior notice, a person entitled to notice; and

3. A person entitled to notice and to whom no notice was mailed. A person who, after such notices were mailed, purchases property to be burdened by a solar access permit shall be considered a person to whom notice was to have been mailed.

B. A person to whom notice is mailed is deemed notified even if notice is not received. (Ord. O-160-91 Exh. A § 8.1, 1991)

16.04.490 Notice of appeal.

Every notice of appeal shall include:

A. A statement raising any issue relied upon for appeal with sufficient specificity to afford the hearings body an adequate opportunity to respond to and resolve each issue.

B. A request that the planning division supply appellant with a copy of the magnetic tape record of any hearing before the hearings officer, unless such tape has already been requested.

C. If a hearing was held, a transcription of the magnetic tape record.

D. Failure to submit the transcription of the magnetic tape record shall render a notice of appeal insufficient, expect that such transcript may be submitted within ten (10) days after the date notice of appeal is filed or within ten (10) days after the tape is mailed or given to the appellant, whichever is later. (Ord. O-160-91 Exh. § 8.2, 1991)

16.04.500 Hearing on appeal.

A. All persons filing a notice of appeal shall be a party to an appeal.

B. All parties shall be mailed notice of the hearing on appeal at least ten (10) days prior to the hearing.

C. The review on appeal shall be de novo and shall be heard as provided in Article VI of this chapter, except as otherwise stated in this chapter.

D. The order of hearings body shall be as provided in Section 16.04.140 of this chapter.

E. The record of the proceeding from which appeal is taken shall be a part of the record on appeal. (Ord. O-160-91 Exh. A § 8.3, 1991)

16.04.510 Land use action hearings on appeal from planning commission.

Redundant testimony shall not be allowed. (Ord. O-160-91 Exh. A § 8.4, 1991)

16.04.520 Development action appeals.

Notice of the hearing date set for appeal shall be sent only to the applicant. Only the applicant, his or her representatives, and his or her witnesses shall be entitled to participate. Continuances shall be at the discretion of the hearings body, and the record shall close at the end of the hearing. (Ord. O-160-91 Exh. A § 8.5, 1991)

16.04.530 Rehearing.

Rehearings shall not be allowed. (Ord. O-160-91 Exh. A § 8.6, 1991)

16.04.540 Remands.

Applications shall not be remanded to a lower level hearings body after appeal. (Ord. O-160-91 Exh. A § 8.7, 1991)

Article IX. Limitations on Approvals

16.04.550 Duration of approval.

All land use approvals shall be valid for a period of one year, unless a longer duration is granted as part of the approval. The one year period shall run from the date a land use approval is no longer appealable. (Ord. O-160-91 Exh. A § 9.1, 1991)

16.04.560 Approval extension.

Any land use approval may be extended, prior to expiration, by the planning director for periods of six months up to an aggregate of one year. Such extensions shall be administrative, in writing, and not subject to appeal. (Ord. O-160-91 Exh. A § 9.2, 1991)