Chapter 14 comparison table

Transcription

1 Purpose and applicability () The purpose of this chapter is to establish standard procedures for submittal, acceptance, investigation, and review of applications and appeals, and to establish limitations upon approved or denied applications Definitions The definitions in LC 4.05 apply to all actions and interpretations under this chapter. The meanings of some terms in this chapter may, in certain contexts, be clearly inapplicable. In such cases the context in which a term is used will indicate its intended meaning, and that intent will control. Where a term defined in LC 4.05 is defined in another section of Lane Code or by other regulations or statutes referenced by this chapter, the term in this section will control. Terms not defined in this section will have their ordinary accepted meanings within the context in which they are used. Webster s Third New International Dictionary of the English Language, Unabridged, Copyright 98, Principal Copyright 96, will be considered a standard reference for defining the meanings of terms not defined in this section or elsewhere in Lane Code. () Acceptance. Considered by the Director to contain sufficient information and materials to begin processing according to the procedures of this chapter. (2) Appearance. Submission of testimony or evidence in the proceeding, either oral or written. Appearance does not include a name, address, or both on a petition. (3) Appellant. A person who submits to the department a timely appeal of a decision issued by the County. (4) Applicant. A person who applies to the department for an application under this chapter. An applicant for a permit, land use decision, or limited land use decision must be the owner of the property, or someone who is authorized in writing to represent the owner. (5) Approval authority. A person or a group of persons, given authority by Lane Code to review and make decisions upon certain applications according to the procedures of this chapter. The approval authority may include the Director, Hearings Official, or the Board. This chapter is intended to establish procedures for the submittal, acceptance, investigation and review of applications and appeals, and to establish limitations upon approved or denied applications. For the purpose of this Code, certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified in this chapter. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine, and the feminine the masculine. Where terms are not defined, they shall have their ordinary accepted meanings within the context in which they are used. Webster s Third New International Dictionary of the English Language, Unabridged, copyright 98, principal copyright 96, shall be considered as providing accepted meanings. Acceptance. Received by and considered by the Director as sufficiently complete to begin processing according to the application or appeal review procedures of this chapter. Appearance. Submission of testimony or evidence in the proceeding, either oral or written. Appearance does not include a name or address on a petition. Approval Authority. A person, or a group of persons, given authority by Lane Code to review and/or make decisions upon certain applications according to the review procedures of this chapter. (6) Argument. The assertions and analysis regarding the satisfaction or violation Argument. The assertions and analysis regarding the satisfaction of legal standards or policy believed relevant by a party to a decision. Argument or violation of legal standards or policy believed relevant by the does not include facts. proponent to a decision. Argument does not include facts. Some minor word changs. Some minor word changs. Same as existing Ch. 4. New New Similar to existing Ch. 4. ORS (9)(a) Same as existing Ch. 4. (7) Board. The Lane County Board of Commissioners. Board. The Lane County Board of Commissioners. Same DRAFT LC Chp 4 Current v. Proposed Table.xlsx Page of 5 /7/206

2 County Official. The Director of a Lane County Department or Recommend deleting Division, or any Lane County advisory committee or commission acting in its official capacity. (g) Clear and Objective. Standards and criteria that do not require Based on ORS New def. interpretation or the exercise of judgement in their application (0)(b)(A) (8) County. Lane County. New def. to be consistent with Ch. 3 & 6. Day. A calendar day, computed consistent with ORS Recommend deleting (9) Department. The Lane County Department of Public Works. Department. The Lane County Department of Public Works. Same as existing Ch 4. (0) Director. The Planning Director of Lane County or the Planning Director s designated representative. () Evidence. The facts, documents, data, or other information offered to demonstrate compliance or non compliance with the standards believed by the proponent to be relevant to the decision. (2) Hearings official. A person who has been appointed by the Board to serve at the Board s pleasure. The Hearings Official will conduct hearings on applications as authorized by this chapter, Lane County land use regulations, and Lane Manual Director. The Director of the Land Management Division of the Lane County Public Works Department, or the Director s delegated representative within the Department. The Director shall approve or deny land use applications as authorized by this chapter. Evidence. The facts, documents, data or other information offered to demonstrate compliance or non compliance with the standards believed by the proponent to be relevant to the decision. Hearings Official. A person who has been appointed by the Board to serve at their pleasure and at a salary fixed by them. The Hearings Official shall conduct hearings on applications as authorized by this Code. ORS (9)(b) Same as existing Ch. 4. Revised to match existing Ch. 6 and new Ch. 3. Similar to existing Ch. 4. See also Lane Manual (3) Hearing Authority. The Hearings Official, Planning Commission, or Board who conduct hearings on applications as authorized by this chapter and Lane County land use regulations. New 2 22 (4) Land Use Decision. A final decision or determination made by a Lane County Approval authority that concerns the adoption, amendment, or application of the Statewide planning goals, the Comprehensive Plan, any land use regulation, or new land use regulation where the decision requires the interpretation or exercise of policy or legal judgment. (ORS 97.05) Note: All decisions requiring Quasi Judicial review by Lane County are Land Use Decisions. Decisions subject to Administrative review are considered Limited Land Use Decisions, pursuant with ORS Land Use Decision. () A final decision or determination made by a Lane County Approval Authority that concerns the adoption, amendment or application of (a) The Goals; (b) A comprehensive plan provision; (c) A land use regulation; or (d) A new land use regulation. ORS 97.05(0) Based on existing Ch. 4, revised to be consistent with ORS 97.05(0) DRAFT LC Chp 4 Current v. Proposed Table.xlsx Page 2 of 5 /7/206

3 A Land Use Decision does not include a decision made by a Lane County A land use decision does not include a decision made by a Lane Approval authority that: County Approval Authority: (a) Is made under land use standards which do not require interpretation or That is made under land use standards which do not require the exercise of policy or legal judgment; interpretation or the exercise of policy or legal judgment; (b) Approves or denies a building permit issued under clear and objective land That approves or denies a building permit issued under clear and use standards; objective land use standards; (c) Is a limited land use decision; That is a limited land use decision; (d) Determines final engineering design, construction, operation, That determines final engineering design, construction, operation, maintenance, repair or preservation of a transportation facility which is maintenance, repair or preservation of a transportation facility otherwise authorized by and consistent with the comprehensive plan and land which is otherwise authorized by and consistent with the use regulations; comprehensive plan and land use regulations; (e) Is an expedited land division as described in ORS ; That is an expedited land division as described in ORS ; (f) Approves, pursuant to ORS (7), the siting, installation, maintenance or removal of a liquid petroleum gas container or receptacle regulated exclusively by the State Fire Marshall under ORS to ; (g) Approves or denies approval of a final subdivision or partition plat or that determines whether a final subdivision or partition plat substantially conforms to the tentative subdivision or partition plan; (h) Authorizes an outdoor mass gathering as defined in ORS , or other gathering of fewer than 3,000 persons that is not anticipated to continue for more than 20 hours in any three month period; (i) Authorizes and outdoor asseembly license pursuant to Lane Code 3.995; or (j) That is a decision in response to a writ of mandamus. (5) Land Use Regulation. Any local government zoning ordinance, land division ordinance adopted under ORS to or similar general ordinance establishing standards for implementing a comprehensive plan. That approves, pursuant to ORS (7), the siting, installation, maintenance or removal of a liquid petroleum gas container or receptacle regulated exclusively by the State Fire Marshall under ORS to ; or That approves or denies approval of a final subdivision or partition plat or that determines whether a final subdivision or partition plat substantially conforms to the tentative subdivision or partition plan; or That authorizes an outdoor mass gathering as defined in ORS , or other gathering of fewer than 3,000 persons that is not anticipated to continue for more than 20 hours in any threemonth period; or A land use approval in response to a writ of mandamus. Land Use Regulation. Any zoning ordinance, land division ordinance adopted under ORS to or similar general ordinance establishing standards for implementing a comprehensive plan. Legal Interest. An interest in property not confined solely to ownership or possessory interest, but including all interests in property which, in the discretion of the Director, are not inconsistent with the intent and purposes of this chapter. Such interests may include, but are not limited to, the following: owner, contract purchaser, lessee, renter, easement, resolution or ordinance of necessity to acquire or condemn adopted by a public or private condemnor. New ORS 97.05() Similar to existing Ch. 4. Existing def. in LC Ch. 4. Propose to delete. DRAFT LC Chp 4 Current v. Proposed Table.xlsx Page 3 of 5 /7/206

4 (6) Legislative. A legislative action or decision is the making of law, as New def. opposed to the application of existing law to a particular use (e. g., adoption of, or amendment to, a comprehensive plan or development regulation). (7) Limited Land Use Decision. Means a final decision or determination made by Lane County, pertaining to a site within an urban growth boundary and which concerns: (a) The approval or denial of a subdivision or partition plan, as described in ORS (). (b) The approval or denial of an application based on discretionary standards designed to regulate the physical characteristics of a use permitted outright, including but not limited to site review pursuant to the Site Review Procedures of LC Limited Land Use Decision does not mean a final decision made by Lane County pertaining to a site within an urban growth boundary that concerns approval or denial of a final subdivision or partition plat or that determines whether a final subdivision or partition plat substantially conforms to the tentative subdivision or partition plan. (8) Ministerial. An action or decision based on clear and objective standards and criteria where no discretion is used. (9) New Land Use Regulation. A land use regulation other than an amendment to an acknowledged land use regulation adopted by Lane County. (20) Owner. The person on the title to real property as shown on the latest assessment records in the office of the Lane County Tax Assessor. Owner also includes a person whose name does not appear in the latest tax assessment records, but who presents to the County a recorded copy of a deed or contract of sale signed by the owner of record as shown in the Lane County Tax Assessor s records. (2) Party. With respect to actions under this chapter, the following persons or entities are defined as parties: (a) The applicant; (b) The owner; and (c) A person who makes an appearance before the approval authority. Limited Land Use Decision. () Means a final decision or determination made by a Lane County Approval Authority, as defined in LC 4.05, pertaining to a site within an urban growth boundary and which concerns: (a) The approval or denial of a subdivision or partition plan, as described in ORS (). (b) The approval or denial of an application based on discretionary standards designed to regulate the physical characteristics of a use permitted outright, including but not limited to site review pursuant to the Site Review Procedures of LC (2) Does not mean a final decision made by a Lane County Approval Authority, as defined in LC 4.05, pertaining to a site within an urban growth boundary that concerns approval or denial of a final subdivision or partition plat or that determines whether a final subdivision or partition plat substantially conforms to the tentative subdivision or partition plan. New Land Use Regulation. A land use regulation other than an amendment to an acknowledged land use regulation adopted by Lane County. Party. With respect to actions pursuant to LC 4.00 and below, the following persons or entities are defined as parties: () The applicant and all owners or contract purchasers of record, as shown in the files of the Lane County Department of Assessment and Taxation, of the property which is the subject of the application. (2) Any person who makes an appearance before the Approval Authority. ORS 97.05(2) Similar to existing Ch. 4. ORS 97.05(7) New def. Same as existing Ch. 4. Only used once, in the definition of Land Use Decision. Keep? New def. Different from existing Ch. 4 language. DRAFT LC Chp 4 Current v. Proposed Table.xlsx Page 4 of 5 /7/206

5 (22) Permit. A discretionary approval of a proposed development of land Permit. () A discretionary approval of a proposed development of ORS (4) Same as existing Ch. 4. under ORS to , to and to or land under ORS to , to and county legislation or regulation adopted pursuant thereto to or county legislation or regulation adopted pursuant thereto. "Permit" does not include: (2) Permit does not include: (a) A limited land use decision; (a) A limited land use decision; (b) A decision which determines the appropriate zoning classification for a particular use by applying criteria or performance standards defining the uses permitted within the zone, and the determination applies only to land within an urban growth boundary; (b) A decision which determines the appropriate zoning classification for a particular use by applying criteria or performance standards defining the uses permitted within the zone, and the determination applies only to land within an urban growth boundary; (c) A decision which determines final engineering, design, construction, (c) A decision which determines final engineering, design, operation, maintenance, repair or preservation of a transportation facility which construction, operation, maintenance, repair or preservation of a is other wise authorized by and consistent with the comprehensive plan and transportation facility which is other wise authorized by and land use regulations; or consistent with the comprehensive plan and land use regulations; or (d) An action under ORS (). (d) An action under ORS (). (23) Person. Any individual, partnership, corporation, association, governmental subdivision or agency or public or private organization of any kind. Person. Any individual, his or her heirs, executors, administrators or assigns, or a firm, partnership or corporation, its heirs or successors or assigns, or the agent of any of the aforesaid, any political subdivision, agency, board or bureau of the State or public or private organization of any kind. (24) Planning Commission. The Planning Commission of Lane County, Oregon. Planning Commission. The Planning Commission of Lane County, Oregon. Planning Director. See Director. (25) Quasi judicial. An action or decision that requires discretion or judgment in applying the standards or criteria of this Code to the facts of a development or land use proposal. See also ORS 97.05(8) Used in ORS and ORS (2) Based on existing Ch. 4. Revised. Same as existing Ch. 4. (26) Received. Acquired by or taken into possession by the Director. Received. Acquired by or taken into possession by the Director. Same as existing Ch. 4. Recommend taking this out and replacing with just Director to be consistent with Ch. 3 & 6. New def. DRAFT LC Chp 4 Current v. Proposed Table.xlsx Page 5 of 5 /7/206

6 General Provisions. New section. () Refund of Fees. Except when an applicant requests an extension to or Except when an applicant requests an extension under LC ORS (8) Existing code sections contained in 4.050(5), slightly revised. waives the 20 day or 50 day time limit as specified in this chapter, if the 4.050(5)(a) below, if Lane County does not take final action on Director does not take final action on an application for a permit, limited land such an application within the required 20 or 50 days after use decision, or zone change within 20 days or 50 days, as applicable, after the application is deemed completed, Lane County shall refund to the application is deemed complete, the Director must refund to the applicant the applicant either the unexpended portion of any application either the unexpended portion of any application fees or deposits previously fees or deposits previously paid or 50 percent of the total amount paid or 50 percent of the total amount of such fees or deposits, whichever is of such fees or deposits, whichever is greater. The applicant is not greater. The applicant is not liable for additional governmental fees incurred liable for additional Lane County land use fees or deposits for the subsequent to the payment of such fees or deposits. However, the applicant is same application incurred subsequent to the payment of such fees responsible for the costs of providing sufficient additional information to or deposits. However, the applicant is responsible for the costs of address relevant issues identified in the consideration of the application providing sufficient additional information to address relevant requested by the Director prior to the expiration of the time period. issues identified in the consideration of the application (2) Effect of Informal Interpretation. Any statement, interpretation, or determination provided by the department that is not in writing, or that is made outside of a Type I, II, III, or IV procedure in accordance with this chapter, is considered to be only a supposition and not a final action effecting a change in the status of a person s property or conferring any rights, including any reliance rights, to any person. (3) Pre Application. A pre application conference is not a requirement of any application, but may be requested where a project involves the need for multiple land use applications or for large scale or highly complex development projects. The purpose of the pre application conference is to acquaint persons with the requirements of Lane Code, the applicable comprehensive plan, and other related documents prior to application. In no case will a pre application conference or information provided therein be guaranteed to provide an exhaustive review of potential issues associated with any project nor will it preempt the enforcement of applicable regulations. New. New. DRAFT LC Chp 4 Current v. Proposed Table.xlsx Page 6 of 5 /7/206

7 (4) Submission of Materials. New. (a) General. The submission of any materials by any party including application materials, supplemental information, written comments, testimony, evidence, exhibits, or other documents that are entered into the record of any land use matter, must be submitted either at the offices of the department or at a noticed hearing, unless specified otherwise by the hearing notice or hearing authority prior to the close of the record. Materials are considered submitted when received, or in the case of materials submitted at a noticed hearing, placed before the hearing authority. (b) Electronic Materials. When the materials submitted in hard copy format are over five pages in length, a person must provide an electronic version of the submitted materials in addition to a hard copy. The Director may elect to scan the materials at the request for the person submitting materials for fee. Any electronic materials must be in a format acceptable to the Director. When electronic materials over five pages in length are submitted for inclusion in an application record, a hard copy of the materials must also be submitted within one business day of the electronic submittal unless this requirement is waived by the Director (5) Time Computation. Except for timelines prescribed by ORS or ORS , time periods prescribed or allowed by this chapter will be computed by excluding the first day and including the last day, unless the last day is a Saturday, Sunday, or a legal holiday or any day on which the department is not open for business. The end of the business day will be 4:00 PM Pacific Standard Time. When the last day of the appeal period so computed is a Saturday, Sunday, a Federal or County holiday, or a day during which the Department is closed because of a temporary work furlough, the appeal period shall run until 5:00 o'clock p.m. on the next business day. Similar to existing language in LC 4.50 DRAFT LC Chp 4 Current v. Proposed Table.xlsx Page 7 of 5 /7/206

8 Procedure Types and Application Processing New section. () Procedure Types. Application review will follow either a Type I, II, III, or IV procedure, set forth in subsections (a) through (d) below: (a) Type I Procedure (i) Overview. The Type I procedure involves the ministerial review of an application based on clear and objective standards and criteria. Uses or development evaluated through this process are those that are permitted outright in the applicable zone. Potential impacts of the proposed development have been already recognized through the adoption of County standards. The Type I procedure does not require interpretation or exercise of policy or legal judgement when evaluating development standards and criteria. Type I decisions are made by the Director without public notice or a hearing. Type I decisions may not be appealed at the local level. The Type I ministerial procedure applies to a variety of applications including, but not limited to, a Land Use Compatibility Statement (LUCS), Declaratory Ruling, Verification of Conditions, Final Partition or Subdivision Plat, Floodplain Verification, or Floodplain Fill or Floodplain Development. (ii) Review and Decision. Upon accepting a Type I application, the Director will review the application for compliance with all applicable land use standards and regulations and adopted plans. (iii) Effective Date of Decision. A Type I decision is final on the date it is signed by the Director. Within five days of the decision date, the applicant and property owner will be mailed a copy of the decision. (b) Type II Procedure (i) Overview. The Type II procedure involves interpretation and exercise of discretion when evaluating standards and criteria. Uses or development evaluated through this process are typically conditionally permitted uses that may require the imposition of conditions of approval to ensure satisfaction of development standards and criteria. (ii) Review and Decision. Upon determination of completeness, applications subject to a Type II process will be reviewed according to the following: (aa) Notice of application will be mailed in certain circumstances, as provided in LC 4.060( ). (bb) At the conclusion of the comment period specified by the notice of application, or determination of application completeness, as applicable, the Director will review the application and written comments, and prepare a written decision stating whether the application is approved, approved with conditions, or denied. The Director's decision will state the facts relied upon in rendering the decision. Approval or denial of an application must be based on applicable standards and criteria; or In LC 4.060() DRAFT LC Chp 4 Current v. Proposed Table.xlsx Page 8 of 5 /7/206

9 (cc) The Director may elect to process a Type II application through a Type III procedure according to the provisions at subsection ()(c) below if the application raises one or more of the issues listed in subsection (A) through (H) below. (A) An application raises an issue which is of countywide significance. (B) An application raises an issue which will reoccur with frequency and is in need of policy guidance. (C) An application involves a unique environmental resource based upon evidence provided by a state or federal agency, or by a private professional with expertise in the field of the resource of concern. (D) An application involves an existing use with a compliance action pending against it and with neighborhood opposition against it. (E) An application involves opposing legal arguments regarding unresolved interpretations of applicable state laws or regulations. (F) An application involves a contemplated use which would be a different kind of use than the uses of nearby properties and the owners of three or more nearby properties object to the use or request a hearing. (G) An application involves a contemplated use which would result in any of the following off site impacts based upon information provided to the Director: the introduction of new commercial or industrial traffic, or ongoing truck traffic, on local roads in a residential neighborhood; or the introduction of noise, odors or dust into a residential neighborhood. (H) An applicant requests a Type III hearing (dd) The Director will mail notice of the decision in accordance with LC Notice of decision should be mailed within two days. The notice of decision provides for a 2 day appeal period. (ee) Appeals of Planning Director decisions may be made to the Planning Director for reconsideration, or to the Hearings Official for de novo review. Appeals will be processed according to the procedures at LC (iii) Effective Date of Decision. A Type II decision becomes effective 2 days after the date the Director mails the notice of decision unless the decision is appealed pursuant with LC If the Director s decision is appealed, the effective date of the decision will be the date on which all local appeals are finalized or withdrawn. (c) Type III Procedure A decision by the Director or Hearings Official, once reduced to writing and signed, shall be appealed as provided in LC above, within 2 days of the date of signing of the decision provided notice of the decision occurs as required by law. When the last day of the appeal period so computed is a Saturday, Sunday, a Federal or County holiday, or a day during which the Department is closed because of a temporary work furlough, the appeal period shall run until 5:00 o'clock p.m. on the next business day. ORS 25.46()(c) says mailed. Current Ch says "2 days from the date of signing " verses ORS says 2 days from date mailed. DRAFT LC Chp 4 Current v. Proposed Table.xlsx Page 9 of 5 /7/206

10 (i) Overview. The Type III procedure involves interpretation and exercise of discretion when evaluating approval standards and criteria. Applications subject to a Type III process are more complex and development impacts may be significant, warranting review through a public hearings process. The Type III procedure involves public notice and a quasi judicial hearing before the Hearing authority, final decision by the Hearing authority, and an opportunity for appeal for reconsideration by the Hearing authority or appeal to the Board. For a quasijudicial plan amendment and zone change application, the Planning Commission reviews the application and makes a recommendation to the Board. (ii) Type III Review and Decision. Upon determination of completeness, Type III applications will be reviewed according to the following procedures. (aa) Notice of public hearing will be mailed, and as required, posted and published, as provided in LC (bb) The Hearings Official will conduct a public hearing, according to hearing conduct procedures found at LC (cc) Request for Board interpretation of County policy may be requested according to the following procedures either prior to or in the course of the proceedings: (A) When, prior to or in the course of a hearing, the Hearings Official finds that the case raises substantial question involving either the application or interpretation of a policy that has not been clarified in sufficient detail, the Hearings Official may submit that question of application or interpretation in written form to the Board for its determination. (B) In the event the application or interpretation of policy is requested by the applicant, the applicant shall first agree to a waiver of any statutory timelines in which Lane County must expedite processing of the application, and such waiver shall be in addition to any other waiver of the statutory application processing timelines requested by the applicant. (C) The Board, at its discretion, may elect to accept or reject the Hearings Official s request. 86 DRAFT LC Chp 4 Current v. Proposed Table.xlsx Page 0 of 5 /7/206

11 (D) When such a question is accepted by the Board, those persons receiving notice of the Hearings Official hearing, the applicant and parties of record shall be notified that they may submit in writing their view as to what the policy application or interpretation should be. Such written views must be submitted to the Board and Department at least five days in advance of the Board s review of the request. Such persons shall restrict their statements to the issue of interpretation or application as stated by the Hearings Official and shall not present the Board with arguments or evidence immaterial to the determination sought, even though such evidence or argument may be relevant to the Hearings Official s final decision. (E) The Board shall render its written determination within 4 days after receipt of the question from the Hearings Official. Said decision shall be transmitted to the Hearings Official, who will then apply the interpretation to the application (dd) The Hearings Official will issue a written decision and findings and identify parties of record within 0 days of the closing of the record for the last hearing. (ee) The Director will mail notice of the decision in accordance with LC Notice of decision should be mailed within two days. The notice of decision will provide for a 2 day appeal period. (ff) Appeals of Type III Hearings Official decisions may be made to the Hearings Official for reconsideration or to the Board for determination on whether they elect to hear or not hear the appeal on the record. Appeals will be processed according to the procedures at LC (iii) Effective Date of Decision. A Type III decision becomes effective 2 days after the date the Director mails the notice of decision unless the decision is appealed pursuant to LC If the decision is appealed, the effective date of the decision will be the date on which all local appeals are finalized or withdrawn. (d) Type IV Procedure (i) Overview. The Type IV procedure applies to the creation, revision, or broadscale implementation of public policy, land use regulations, or comprehensive plan. It also applies to changes to zoning maps that affect a large number of properties. The Type IV procedure is legislative in nature and involves the evaluation of subjective review criteria and plan policies, public notice, a hearing before the Planning Commission and Board, final decision issued by the Board, and an opportunity to appeal. A decision by the Director or Hearings Official, once reduced to writing and signed, shall be appealed as provided in LC above, within 2 days of the date of signing of the decision provided notice of the decision occurs as required by law. When the last day of the appeal period so computed is a Saturday, Sunday, a Federal or County holiday, or a day during which the Department is closed because of a temporary work furlough, the appeal period shall run until 5:00 o'clock p.m. on the next business day. ORS ()(c) says mailed. Current Ch says "2 days from the date of signing " verses ORS says 2 days from date mailed. DRAFT LC Chp 4 Current v. Proposed Table.xlsx Page of 5 /7/206

12 (ii) Review and Decision. Upon determination of completeness, Type IV applications will be reviewed according to the following procedures. (aa) Notice of public hearings will be mailed and published as provided in LC (bb) The Planning Commission will conduct a public hearing pursuant to LC and make a recommendation to the Board. (cc) The Board will conduct a public hearing pursuant to LC and issue a decision. (dd) The Director will mail notice of the Board s decision in accordance with LC Notice of a legislative land use decision will be mailed to the applicant, all parties, and the Department of Land Conservation and Development within 20 days after the Board decision is filed with the Director. The Director will also provide notice to any person as required by other applicable laws. (ee) Appeals of final land use decisions issued by the Board may be appealed to the Land Use Board of Appeals pursuant to ORS (iii) Final Decision and Effective Date of Decision. A Type IV application, if approved, will take effect and will become final as specified in the enacting ordinance, or if not approved, upon mailing the notice of decision. (iv) Timing of Type IV Requests. Type IV applications may only be submitted to the Director between October and December 3, unless otherwise authorized by the Director. The Board may initiate legislative proposals at any time. New. Big policy decision. DRAFT LC Chp 4 Current v. Proposed Table.xlsx Page 2 of 5 /7/206

13 (2) Consolidated Review of Applications. When an applicant files more than Combinable Applications. Applications for the same property may ORS 25.46(2) Similar to existing 4.050(2). one application concurrently for the same property or tract of land, the be combined and concurrently reviewed as a master application, applicant may elect to consolidate the review of the concurrent applications. subject to the following permissible combination schemes and When review of concurrent applications subject to different procedure types is required review procedures: (a) Applications subject to the review consolidated, all of the applications will be reviewed under the highest procedures of LC 4.00 below may be combined with other procedure type. When proceedings are consolidated, required notices may be applications subject to the review procedures of LC 4.00 below, consolidated, provided the notice identifies each application and cites their and the required review shall be by the Director according to LC respective review criteria. When more than one application is reviewed, 4.00 below. (b) Applications subject to Hearings Official findings of fact must address each application and a decision must be made on approval, according to the review procedures of LC below, each application. may be combined with other applications subject to Hearings Official approval according to LC below and the required review procedure shall be by the Hearings Official according to LC below. (c) Applications subject to the review procedures of LC 4.00 below may be combined with applications subject to Hearings Official approval according LC below, and the required review procedure shall be by the Hearings Official according to LC below. (d) A zone change application may be combined with an application for an amendment to the Comprehensive Plan, and the combined application shall be concurrently reviewed by the Planning Commissions and Board according to the review procedures of LC Chapters 2 and 4 for a plan amendment. 02 (3) Limited Land Use Decision Procedure (only within UGBs). All applications for limited land use decisions must be reviewed and decided by the Director as a Type II decision subject to the following requirements. Notwithstanding LC 4.00 above, all applications for Limited Land Use Decisions shall be reviewed as follows: (2) Director Review. The Director shall review the application and related materials. ORS Based on existing LC (a) Approval or denial of a limited land use decision must be based upon and (3) Director Decision. The Director shall determine if the evidence accompanied by a brief statement that explains the standards and criteria supports a finding that the required criteria have been met considered relevant to the decision, states the facts relied upon in rendering the and shall approve, approve with conditions or deny the decision and explains the justification for the decision based on the standards, application. The Director s approval or denial shall be in writing criteria, and facts set forth. and shall include express written findings on each of the applicable and substantive criteria. A staff report shall not be required prior to the decision. (b) A limited land use decision by the Director may be appealed to the Hearing authority and decided through a Type III review procedure. (4) Director s Interpretation New section (a) The Director or any person may request a formal interpretation by the Director for the following purposes: DRAFT LC Chp 4 Current v. Proposed Table.xlsx Page 3 of 5 /7/206

14 (i) For interpretation of a specific term(s) or provision(s) in Lane Code where 08 clarity is sought; or (ii) To provide an opportunity for local appeal of interpretations by the 09 Director separate from and prior to a land use application. (b) Director s Iinterpretations will not include legal opinions or interpretation 0 of case law. (c) Director s Iinterpretations will not include legal opinions or interpretation of case law. (d) Director interpretations do not constitute final County interpretation and do not bind the Hearing Authority in making interpretations or decisions. 2 (e) The Director may modify previously issued interpretations if warranted by 3 4 specific circumstances Application Requirements () Minimum Submittal Requirements. Applications for a Type I through Type () Contents. Applications subject to any of the review procedures Based on existing 4.050() IV procedure must be submitted on a form provided by the Director, address all of this chapter shall: applicable standards and criteria, and include the following materials and 5 information: 6 7 (a) All applicable information requested on the application form; (b) Required filing fee, except that the required filing fee may not be required when Lane County initiates a Type IV application; (c) Signature of each applicant; (d) Signature of each property owner or property owner authorization; (e) Proof of property ownership; (f) Assessor s map and tax lot number of the subject property; (g) A site plan drawn to a standard engineer s scale; and conforming to the County's site plan submittal standards; (h) Information demonstrating compliance with any prior decisions and conditions of approval for the subject property; (i) A written narrative clearly indicating what action is requested and addressing all applicable standards and criteria; (j) Supporting information required to evaluate the application and address the applicable standards and criteria; and (k) Any other information required by Lane Code for the specific application requested. (2) Determination of Application Requirements. The Director may waive any of the above application requirements if deemed to be inapplicable to the requested application. The Director may also determine that additional information, not specifically identified as a submittal requirement by this chapter, is necessary to evaluate the applicable standards and criteria. (a) Be submitted by any person with a legal interest in the property. (b) Be completed on the form prescribed by the Department and submitted to the Department. (c) Address the appropriate criteria for review and approval of the application and shall contain the necessary supporting information. (d) Be accompanied by the filing fee to help defray the costs of the application. DRAFT LC Chp 4 Current v. Proposed Table.xlsx Page 4 of 5 /7/206

15 (3) Application Format. Applications must include at least one hard copy of all application materials, no larger than inch x 7 inch in size. Type II through IV applications must also include an electronic copy identical to all application materials in a format acceptable by the Director. 8 (4) Applicant s Burden. It is the applicant s responsibility to provide persuasive evidence that the application complies with the applicable standards and 9 criteria. (5) Supplementation of Application within First 30 days of Submittal. An New. applicant may not submit any supplemental information for an application during the first 30 days following submittal or until the application has been deemed complete whichever is first, except when requested by the Director. Any supplemental information submitted by an applicant in violation of this section will not be considered in determining whether the application is complete and will be returned to the applicant Completeness Review and Timelines () Acceptance. An application received by the Director will not be considered accepted solely because of having been received. Acceptance of an application will not preclude a later determination that the application is incomplete. (2) Type II or III Completeness Review. Within 30 days of the original filing date of a Type II or Type III application, the Director will evaluate the application for completeness, pursuant to subsections (a) through (f) below. (3) Acceptance. Applications subject to any of the review criteria of this chapter: (a) May be received by the Director at any time and shall not be considered as accepted solely because of having been received; (b) Shall be, within 30 days of receipt, reviewed by the Director to determine if they meet the requirements of LC 4.050() and (2) above and are complete. Applications shall be determined to be complete and shall be accepted by the Director when they include the required information, forms and fees. Based on ORS Similar to existing LC 4.050(3)(a). Similar to existing LC 4.050(3)(b). DRAFT LC Chp 4 Current v. Proposed Table.xlsx Page 5 of 5 /7/206

16 (a) Applications will be evaluated for completeness with the requirements of LC (i) If the application for a permit, limited land use decision or zone Similar to existing LC 4.050(3)(b) and the requirements of the requested application. change is incomplete, the Director shall notify the applicant in (b) Complete Application. An application will be deemed complete if the writing of exactly application requirements have been fully satisfied upon initial filing or through what information is missing within 30 days of receipt of the the procedures set forth in subsection (2)(c)(i) (iii) or (d) below. When the application and allow the applicant to submit the missing Director determines that the application is complete, the Director will notify the information. applicant in writing. If an application is not deemed incomplete within 30 days (ii) The application shall be deemed complete upon receipt by the from the date the application is received by the Director, the application is Director of : automatically deemed complete on the 3st day after it was received. (aa) All of the missing information; (c) Incomplete Application. If an application is incomplete, the Director will (bb) Some of the missing information and written notice from the notify the applicant in writing of exactly what information is missing within 30 applicant that no other information will be provided; or days of receipt of the application and allow the applicant to submit the missing (cc) Written notice from the applicant that none of the information within the timeframe set forth in subsection (e) below. The missing information will be provided. application will be deemed complete upon receipt by the Director of: (iii) If the application was complete when first submitted or the (i) All of the missing information; applicant submits additional information, as described in LC (ii) Some of the missing information and a written notice from the applicant 4.050(3)(b)(ii) above, within 80 days of the date the application that no other information will be provided; or was first submitted, approval or denial of the (iii) Written notice from the applicant that none of the missing information will application shall be based upon the standards and criteria that be provided. were applicable at the time the application was first submitted (iv) The Director shall mail written notice to the applicant when the application is deemed complete or accepted. (d) Void Applications. On the 8st day after first being submitted, an incomplete application is void if the applicant has been notified of missing information and the application has not been deemed complete pursuant to subsection (2)(c)(i) (iii) above. (e) Applicable Standards and Criteria. If an application was complete when first See (iii) above. submitted or the applicant submits additional information pursuant to subsection (2)(c)(i) (iii) above within 80 days of the date the application was first submitted, review of the application will be based upon the standards and criteria that were applicable at the time the application was first submitted. DRAFT LC Chp 4 Current v. Proposed Table.xlsx Page 6 of 5 /7/206

17 (3) Time Limit 20 day and 50 day Rule. The 20 day or 50 day rule refers (5) Timelines for Final Action. For development sites located ORS () to the statutory time limits of ORS For land within an urban growth within an urban growth boundary, except as provided in LC boundary or an application for mineral aggregate extraction, the Director must 4.050(5)(a) through (d) below, the Approval Authority shall take take final action for a permit, limited land use decision, or zone change, final action on an application for a permit, limited land use decision including resolution of all appeals, within 20 days after the application is or zone change within 20 days after the application is deemed deemed complete, except as provided in subsections (a) (e) below. For all complete. For development sites located outside an urban growth other applications for a permit, limited land use decision, or zone change the boundary, except as provided in LC 4.050(5)(a) through (d) below, Director must take final action including resolution of all appeals, within 50 the Approval Authority shall take final action on an application for days after the application is deemed complete, except as provided in a permit, limited land use decision or zone change within 50 days subsections (a) (e) as follows. after the application is deemed complete. Except when an applicant requests an extension under LC 4.050(5)(a) below, if Lane County does not take final action on such an application within the required 20 or 50 days after the application is deemed completed, Lane County shall refund to the applicant either the unexpended portion of any application fees or deposits previously paid or 50 percent of the total amount of such fees or deposits, whichever is greater. The applicant is not liable for additional Lane County land use fees or deposits for the same application incurred subsequent to the payment of such fees or deposits. However, the applicant is responsible for the costs of providing sufficient additional information to address relevant issues identified in the consideration of the application. Exceptions to the requirement to take final action on an application within 20 or 50 days are: 28 DRAFT LC Chp 4 Current v. Proposed Table.xlsx Page 7 of 5 /7/206

18 (a) Plan Amendment. The 20 day or 50 day time limit for final action does (a) When an applicant waives or requests an extension of the not apply to a decision of the county making a change to an acknowledged required 20 day or 50 day period for final action. The period set comprehensive plan or a land use regulation that is submitted to the Director of in LC 4.050(5) above may be extended for a specified period of the Department of Land Conservation and Development under ORS time at the written request of the applicant. The total of all (b) Waiver of Time Limit. An applicant may waive the 20 day or 50 day time extensions may not exceed 25 days. limit for final action and associated right to a writ of mandamus as set forth in (b) When an application is for a change to an this section through a written request. If the applicant has requested that the acknowledged comprehensive plan or land use regulation that was processing of the application be on hold under a waiver, the applicant may submitted to the Director of the Department of Land Conservation request that the processing continue at any time. However, regardless of an and Development under ORS 97.60(). applicant s request to place the processing of an application on hold, at the (c) When a decision is not wholly within the authority and control discretion of the Director, when an applicant has provided a waiver in of Lane County. accordance with this section, the County may continue processing the (d) When parties have agreed to mediation as described in application and take final action on the application any time after the 355th day ORS 97.38(2)(b). after the application is deemed complete. (c) Extension of Time Limit. An applicant may extend the 20 day or 50 day time limit for final action as set forth in this section for a specific period of time through a written request. The total of all extensions, except as provided in subsection (f) below for mediation, may not exceed 25 days. 29 DRAFT LC Chp 4 Current v. Proposed Table.xlsx Page 8 of 5 /7/206