Chapter 19.22
PERMIT REVIEW PROCEDURES
Sections:
19.22.030 Ministerial review procedures.
19.22.040 Quasi-judicial review procedures.
19.22.010 Purpose.
The purpose of this chapter is to establish the procedures to be used for the processing of permit applications for land uses in Josephine County. [2005 RLDC § 22.010.]
19.22.020 Rules of procedure.
The general rules of procedure contained in Chapters 19.12 (Administration), 19.20 (Basic Provisions), 19.21 (Pre-Application Review), 19.30 (Basic Provisions), 19.32 (Public Notice), 19.33 (Appeal of Decisions), 19.40 (Basic Provisions), 19.41 (Administration of Permits) and 19.42 JCC (Site Plan Review) shall apply, where appropriate, to the Director’s review of permit applications. The review of applications by the Hearings Officer or the Planning Commission shall also conform to the requirements of Chapters 19.23 (Hearings Officer Review Procedures) and 19.24 JCC (Planning Commission Review Procedures). [2005 RLDC § 22.020.]
19.22.030 Ministerial review procedures.
A. This review shall apply to permit requests involving the application of clear and objective standards for approval, and which are therefore considered ministerial. Ministerial review shall not involve the interpretation of criteria or the exercise of policy or legal judgment.
B. Ministerial review shall not require public notice or hearing.
C. The Director shall review all ministerial applications to determine compliance with applicable standards. If the Director determines an application is complete and that it complies with relevant standards, the application shall be approved.
D. The Director may refer ministerial applications to a higher level of review pursuant to the authority granted in JCC 19.12.090(E), including site plan review pursuant to Chapter 19.42 JCC.
E. The development permit shall document the Director’s final action on ministerial applications subject to the rules set forth in Chapter 19.41 JCC, Administration of Permits.
F. Unless specifically provided otherwise in this title, a decision to deny a permit utilizing ministerial review procedures may be appealed by the applicant only to the Board, subject to the rules and procedures contained in Chapter 19.33 JCC applicable to the appeal of decisions by the Director. [2005 RLDC § 22.030.]
19.22.040 Quasi-judicial review procedures.
A. This review shall apply to all permit requests which constitute land use decisions because the decision to issue or not issue the permit requires the interpretation of criteria or the exercise of policy or legal judgment. The Director, the Hearings Officer and the Planning Commission are authorized to review and approve permits that require quasi-judicial review. The Director shall be the Review Body unless the Director refers the application to a higher level of review as authorized by this title, or review authority is specifically granted to the Hearings Officer, Planning Commission or the Board elsewhere in this title.
B. All quasi-judicial applications shall comply with the following procedures:
1. A permit request requiring quasi-judicial review shall be initiated by filing a request for pre-application review on forms provided by the Planning Department, together with a pre-application fee.
2. During pre-application review the application materials shall be reviewed pursuant to Chapter 19.21 JCC to determine completeness. If the application is complete, or becomes complete, the applicant shall submit all required fees in full. If the information is not complete or fees are missing, the applicant shall be notified in writing of exactly what information and/or fees are missing. The application shall be deemed complete upon receipt of the missing information and/or fees; or, if the applicant refuses to submit the missing information, the application shall be deemed complete the thirty-first day after the application and fees are received and accepted.
3. The Director is authorized to require site plan review pursuant to the rules contained in Chapter 19.42 JCC, to include the payment of the appropriate site plan review fee.
4. For all applications requiring site plan or public hearing review, the Director shall determine whether a wetland is located on the property pursuant to an officially adopted wetlands inventory. If it is determined that an official wetland is located on the site, the Planning Director shall notify the Division of State Lands (DSL) on forms provided by it within five working days from when the application is deemed complete. A copy of the form shall be sent to the applicant as notification that special permits relating to wetland protection may be required.
5. The Director shall mail notice of an application to all persons within the notice area as required by Chapter 19.32 JCC. All comments or objections relating to the application shall be submitted in writing within 15 days from the mailing of the notice in order to establish party status for appeal purposes.
C. In those cases where the Director is the Review Body:
1. The Director shall evaluate the application, public and agency comments or objections, if any are received, and the planner’s report from site plan review when required, and then determine whether the application complies with the applicable standards and criteria contained in this title, with or without conditions for development.
2. The Director’s decision shall be rendered in the form of written findings of decision and shall be entered into the Director’s file. The Director is authorized to approve, approve with conditions or deny the request.
3. Written notice of the decision shall be mailed or delivered to all parties to the action. The decision may be appealed to the Board of County Commissioners as set forth in Chapter 19.33 JCC.
4. A development permit may be issued once a decision notice is mailed and the 12-day appeal period ends without an appeal being filed.
D. In those cases where the Hearings Officer, Planning Commission or Board of Commissioners is the Review Body, permit applications requiring quasi-judicial review shall be processed in accordance with the procedures outlined in subsections (B)(1) through (5) of this section, as well as the applicable provisions of Chapters 19.23 (Hearings Officer Review Procedures), 19.24 (Planning Commission Review Procedures), and 19.25 JCC (Board of Commissioners Review Procedures), and Division III of this title, Public Hearings, Notices and Appeals. [2005 RLDC § 22.040.]