Josephine County Unincorporated
City Zoning Code
City Zoning Code
Division II
REVIEW PROCEDURES
§ 19.20.010 Purpose.
The purpose of this division is to establish the procedures to be used in the review of various land use applications and the issuance or denial of land use permits in Josephine County. It is an objective of this division to ensure that the level of private and public resources required to accomplish the requirements of this title shall be proportional to the scope and intensity of impacts associated with specific land uses. The following procedures are designed to establish efficient and effective levels of service to affected property owners, developers and involved public and private agencies and organizations.
(2005 RLDC § 20.010)
§ 19.20.020 Types of review.
The following types of review are established:
A.
Pre-application review.
B.
Director review.
C.
Hearings Officer review.
D.
Planning Commission review.
E.
Board review.
(2005 RLDC § 20.020)
§ 19.20.030 General procedures.
A.
When a land use proposal involves multiple applications, the applications shall be processed together using the highest level of review procedure required by any one of the consolidated applications. Each application shall require full pre-application and application review as required by this title, to include the payment of all respective pre-application and application fees. Notices may be consolidated whenever it is efficient and convenient to do so. Findings of approval or denial may be consolidated into a single document as long as all applicable standards and criteria are identified and addressed as required by law.
B.
Notwithstanding subsection (A) of this section, the Director may require the separate process of applications whenever the Director determines that the advantages of consolidated review are outweighed by complications, confusion or administrative burdens to the Review Body, the County or other participants.
(2005 RLDC § 20.030)
§ 19.21.010 Purpose.
The purpose of pre-application review is to familiarize applicants and others with the procedures, standards, criteria and the various requirements of other affected agencies or jurisdictions that may apply to specific land use applications, and to assure that every application is complete and ready for processing when formally submitted. Pre-application review may include one or more conferences with planning staff, as well as informational correspondence. Pre-application review shall take place prior to formal filing of all applications.
(2005 RLDC § 21.010)
§ 19.21.020 Conferences and correspondence.
Persons who desire information regarding a land use permit or a determination regarding the administration of any provision or requirement of this title, as well as other planning duties imposed by ordinance or law upon the Director, may apply for pre-application review. At the request of the applicant or the Director, one or more meetings may be scheduled with a planner to discuss the request. In all cases, unless waived by the applicant, the Director shall furnish a written response that identifies and describes application procedures, fees, standards, criteria, rules and laws, comments and recommendations, along with a list of other agencies or departments that may also have possible jurisdiction over the request.
(2005 RLDC § 21.020)
§ 19.21.030 Disclaimer.
Pre-application review is intended to identify tentative requirements, comments or recommendations regarding applications and must not be considered final or binding in any regard. Full application review may include notice to neighbors, neighborhood or area citizen's groups, affected agencies, departments or organizations which can, along with further staff review, disclose new or different information that can affect final requirements or recommendations. Pre-application comments or correspondence shall not authorize site improvements or be used to support the purchase of property or other kinds of investment. Final approval by issuance of all necessary permits is absolutely required before any development or land use activity covered by this title is authorized.
(2005 RLDC § 21.030)
§ 19.21.040 Scope of review.
The pre-application review may cover the following topics:
A.
Requirements for filing an application, including application forms, fees, and the submission of factual documentation about the proposal;
B.
Procedural requirements for review and/or hearing the proposal;
C.
Substantive review standards and criteria;
D.
Opportunities and constraints regarding the proposal which result from the policies and regulations contained in this title and other applicable federal, state or County rules, resolutions, ordinances, technical manuals and codes, as such may be reasonably ascertained within the limits of pre-application review;
E.
Other issues which may be appropriate.
(2005 RLDC § 21.040)
§ 19.21.050 Notice, hearing and appeal.
The requirements for notice, hearing and appeal as provided by this title shall not apply to requests for pre-application review.
(2005 RLDC § 21.050)
§ 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)
§ 19.23.010 Purpose.
The purpose of this chapter is to provide for the conduct of an impartial public hearing by a Hearings Officer for applications which involve significant impacts on the neighborhood and/or facilities and services, or involve complex or difficult legal or factual issues or criteria.
(2005 RLDC § 23.010)
§ 19.23.020 Appointment and duties.
A.
The Board of County Commissioners shall appoint the Hearings Officer to serve at the pleasure of the Board. The Board may appoint more than one Hearings Officer.
B.
The Hearings Officer shall be knowledgeable and proficient in the land use laws and procedures of the state of Oregon and Josephine County.
C.
The Hearings Officer is authorized to act on behalf of the Board of County Commissioners in making land use decisions regarding matters of original jurisdiction as granted by this title, or as referred to the Hearings Officer by the Planning Director or the Board.
(2005 RLDC § 23.020)
§ 19.23.030 Rules of procedure.
Public hearings conducted by the Hearings Officer shall follow the procedures for quasi-judicial land use hearings as set forth in Chapter 19.22 JCC, and as further governed by Division III of this title, Public Hearings, Notices and Appeals.
(2005 RLDC § 23.030)
§ 19.23.040 Public hearing and notice.
A.
The Director shall administer all hearings before the Hearings Officer by scheduling and rescheduling hearings for dates, times and places certain, by providing notices to applicants, neighbors and interested persons and agencies, by providing the Hearings Officer with background and analytical reports regarding each request, and by assigning one or more planners to present staff reports and assist in the conduct of the hearings.
B.
The Director shall have authority to continue or reschedule any public hearing to a new place, date and time certain at the request of the applicant when the request is made prior to the issuance of public notice by mail or publication. This authority is permissive and is intended to accomplish basic fairness while minimizing inconvenience. In all cases the Director is authorized to refer the request for a continuance to the Hearings Officer for consideration at the scheduled public hearing.
C.
Requests for a continuance made after the mailing or publication of notice for the hearing must be considered by the Hearings Officer at the public hearing. In the event the continuance cannot be given to a place, date and time certain at the public hearing, a renoticing and/or new publication fee must be submitted within seven days from when the continuance is orally granted or the application shall be deemed withdrawn.
(2005 RLDC § 23.040)
§ 19.23.050 Review and decision.
A.
Public hearings conducted by the Hearings Officer shall be called to order at the date and time specified in the public notice. The hearing shall conform to the requirements of Chapter 19.31 JCC.
B.
The Hearings Officer may grant continuances as needed or helpful to permit a full and fair hearing, and the decision may take into account the special circumstances of any participant in the hearing, as well as the requirement to conclude action on the request (including appeals) within the statutory time limit on land use decisions. The decision to grant or not grant a continuance is not appealable. Applicants can request a reasonable extension of the statutory time limit as a condition of a continuance.
C.
The Hearings Officer may continue a hearing to a place, date and time certain to conduct a site visit. The site visit shall be considered a part of the hearing, and shall be open to all participants. The Hearings Officer may make factual inquiries regarding the physical location, layout and other physical features or circumstances of the site from staff, but no substantive testimony shall be received from the parties or witnesses. The Hearings Officer shall summarize the site visit on the record when the hearing reconvenes.
D.
The Hearings Officer shall grant continuances or hold the record open as provided in JCC § 19.31.120(J).
E.
At the conclusion of the evidentiary hearing, the Hearings Officer may take any one of the following actions: (1) make a decision to outright approve; (2) make a decision to conditionally approve; (3) make a decision to deny the request; or (4) continue the hearing to a date and time or place certain for further evidence or decision only.
F.
The final decision of the Hearings Officer shall be in the form of written findings of fact meeting the requirements of state law and JCC § 19.31.130(C).
(2005 RLDC § 23.050)
§ 19.23.060 Appeal.
Final actions of the Hearings Officer may be appealed to the Board within 10 days from the date notice of the decision is mailed to the participants as set forth in Chapter 19.33 JCC.
(2005 RLDC § 23.060)
§ 19.24.010 Purpose.
The purpose of this chapter is to provide for the conduct of an impartial public hearing by the Rural Planning Commission for applications which involve significant policy issues having County-wide impact, or which call for review and recommendation to the Board of Commissioners.
(2005 RLDC § 24.010)
§ 19.24.020 Appointment and duties.
A.
The Board of County Commissioners under the authority of Oregon Revised Statutes shall appoint the members of the Planning Commission to serve terms fixed in length by the Board.
B.
The Planning Commissioners shall be appointed subject to the following rules:
1.
The members of the Commission shall be residents of the various geographic areas of the County;
2.
No more than two voting members shall be engaged principally in the buying, selling, or developing of real estate for profit either as individuals or for a company or corporation;
3.
No more than two voting members shall be engaged in the same kind of occupation, business, trade or profession.
C.
The members of the Planning Commission shall act on behalf of the Board of County Commissioners in hearings deciding and making recommendations regarding land use applications as authorized by this title.
(2005 RLDC § 24.020)
§ 19.24.030 Rules of procedure.
Public hearings conducted by the Planning Commission shall follow the procedures for quasi- judicial land use hearings as set forth in Chapter 19.22 JCC, and as further governed by Division III of this title, Public Hearings, Notices and Appeals.
(2005 RLDC § 24.030)
§ 19.24.040 Public hearing and notice.
A.
The Director shall administer all hearings before the Planning Commission by scheduling and rescheduling hearings for dates, times and places certain, by providing notices to applicants, neighbors and interested persons and agencies, by providing the Planning Commission with background and analytical reports regarding each request, and by assigning one or more planners to be present at the hearings to give staff reports and to assist in the conduct of the hearings.
B.
The Director shall have authority to continue or reschedule any public hearing to a new place, date and time certain at the request of the applicant when the request is made prior to the issuance of public notice by mail or publication. This authority is permissive and is intended to accomplish basic fairness while minimizing inconvenience. In all cases the Director is authorized to refer the request for a continuance to the Planning Commission for consideration at the scheduled public hearing.
C.
Requests for a continuance made after notice by mail or publication must be considered by the Planning Commission at the public hearing. In the event the continuance cannot be given to a place, date and time certain at the public hearing, a re-noticing and/or new publication fee must be submitted within seven days from when the continuance is orally granted or the application shall be deemed withdrawn.
(2005 RLDC § 24.040)
§ 19.24.050 Review and decision.
A.
Public hearings conducted by the Planning Commission shall be called to order by the presiding officer at the date and time specified in the public notice. The hearing shall conform to the requirements of Chapter 19.31 JCC.
B.
The Planning Commission may grant continuances as needed or helpful to permit a full and fair hearing, and the decision may take into account the special circumstances of any party to the hearing, as well as the requirement to conclude action on the request (including appeals) within the statutory time limit on land use decisions. The decision to grant or not grant a continuance is not appealable. Applicants can request a reasonable extension of the statutory time limit as a condition of a continuance.
C.
The Planning Commission may continue a hearing to a place, date and time certain to conduct a site visit. The site visit shall be considered a part of the hearing and shall be open to all participants. The Commissioners may make factual inquiries regarding the physical location, layout and other physical features or circumstances of the site from staff, but no substantive testimony shall be received from the parties or witnesses. The presiding officer shall summarize the site visit on the record when the hearing reconvenes.
D.
The Planning Commission may grant a continuance or hold the record open as provided in JCC § 19.31.120(J).
E.
At the conclusion of the hearing, the Planning Commission may take any one of the following actions: (1) make a decision to outright approve; (2) make a decision to conditionally approve; (3) make a decision to deny the request; or (4) continue the hearing to a date and time certain for further evidence or decision only.
F.
A final decision of the Planning Commission shall be in the form of findings of fact meeting the requirements of state law and JCC § 19.31.130(C). Decisions which constitute a recommendation to the Board shall be in the form of minutes detailing the testimony, arguments and deliberations leading up to the recommendation.
(2005 RLDC § 24.050)
§ 19.24.060 Appeal.
Final actions of the Planning Commission may be appealed to the Board within 10 days from the date notice of the decision is mailed to the participants as set forth in Chapter 19.33 JCC.
(2005 RLDC § 24.060)
§ 19.25.010 Purpose.
The purpose of Board of Commissioner review procedures is to hear and resolve appeals from decisions by the Planning Director, the Hearings Officer, the Planning Commission (final decisions and recommended decisions), to hear matters of original or assumed jurisdiction, and to hear matters remanded to it from a higher board or court.
(2005 RLDC § 25.010)
§ 19.25.020 Rules of procedure.
Public hearings conducted by the Board shall follow the procedures for quasi-judicial land use hearings as set forth in Chapter 19.22 JCC, and as further governed by Division III of this title, Public Hearings, Notices and Appeals.
(2005 RLDC § 25.020)
§ 19.25.030 Public hearing and notice.
A.
The Planning Director, in coordination with the Board's office staff, shall administer all hearings before the Board by scheduling and rescheduling hearings for dates, times and places certain, by providing notices to applicants, neighbors and interested persons and agencies, by providing the Board with background and analytical reports regarding the requests, and by assigning one or more planners to be present at the hearing to give staff reports and to assist in the conduct of the hearings.
B.
The Director shall have authority to continue or reschedule any public hearing to a new place, date and time certain at the request of the applicant when the request is made prior to the issuance of public notice by mail or publication. This authority is permissive and is intended to accomplish basic fairness while minimizing inconvenience. In all cases the Director is authorized to refer the request for a continuance to the Board for consideration at the scheduled public hearing.
C.
Requests for a continuance made after notice is given by mail or publication must be considered by the Board at the public hearing. In the event the continuance cannot be given to a place, date and time certain at the public hearing, a renoticing and/or new publication fee must be submitted within seven days from when the continuance is orally granted or the application shall be deemed withdrawn.
(2005 RLDC § 25.030)
§ 19.25.040 Review and decision.
A.
Public hearings conducted by the Board shall be called to order by the Chair at the date and time specified in the public notice. The hearing shall conform to the requirements of Chapter 19.31 JCC.
B.
The Board may grant continuances as needed or helpful to permit a full and fair hearing, and the decision may take into account the special circumstances of any party to the hearing, as well as the requirement to conclude action on the request (including appeals) within the statutory time limit on land use decisions. Applicants can request a reasonable extension of the statutory time limit as a condition of a continuance.
C.
The Board may continue a hearing to a place, date and time certain to conduct a site visit. The site visit shall be considered a part of the hearing and shall be open to all participants. The Board may make factual inquiries regarding the physical location, layout and other physical features or circumstances of the site from staff, but no substantive testimony shall be received from the parties or witnesses. The presiding officer of the Board shall summarize the site visit on the record when the hearing reconvenes.
D.
The Board may grant a continuance or hold the record open as provided in JCC § 19.31.120(J).
E.
At the conclusion of the hearing, the Board may take any one of the following actions: (1) make a decision to outright approve; (2) make a decision to conditionally approve; (3) make a decision to deny the request; or (4) continue the hearing to a date and time certain for further evidence or decision only.
F.
The final decision of the Board shall be in the form of findings of fact meeting the requirements of state law and JCC § 19.31.130(C).
(2005 RLDC § 25.040)
§ 19.25.050 Appeal.
A land use decision by the Board may be appealed to the Oregon Land Use Board of Appeals as provided by state law.
(2005 RLDC § 25.050)
