Washington County Unincorporated
City Zoning Code

ARTICLE II

PROCEDURES

200 - INTRODUCTION

This Article establishes the procedures to be used in reviewing and taking action on development proposals.

In accordance with Oregon law, a Middle Housing Land Division is not a land use decision, a limited land use decision or a discretionary permit for proposed development of land. As such, applicable procedures differ from those outlined below. Procedures for a Middle Housing Land Division are included in Section 606-6 and Article II does not apply.

(Ord. No. 890A, § 2.A.(Exh. 1, § 3.), 2-7-23, eff. 3-9-23)

201 - DEVELOPMENT PERMIT

201-1

Permit Required

Except as excluded in Section 201-2, and Section 702, no person shall engage in or cause a development to occur, as defined in Sections 106-57 and 421-2.2, without first obtaining a development permit through the procedures set forth in this Code. The Director shall not issue any permit for the construction, reconstruction or alteration of a structure or a part thereof without first verifying that a valid development permit has been issued. Development authorized by a development permit shall occur only as approved.

(Ord. No. 845, § 2.A.(Exh. 1, § 2), 4-2-19, eff. 5-2-19)

201-2

Exclusions from Permit Requirement

The following activities are permitted in each district except as limited to particular districts below, but are excluded from the requirement of obtaining a development permit. Exclusion from the permit requirement does not exempt the activity from otherwise complying with all applicable standards, conditions and other provisions of this Code. The activities set forth below are not excluded from the requirement to obtain approval of erosion control measures to the extent the activity is subject to Section 426.

201-2.1

Landscaping outside the floodplain and not involving a structure or parking lot.

201-2.2

Any change or repair to a building or other structure that does not alter or expand the use thereof, and, except as permitted by Section 440-2, does not require a building permit.

201-2.3

Erection of a tent for a lawful use not exceeding 10 days in any 30-day period.

201-2.4

Farm use, except for grading or as provided in Section 201-2.12 as prohibited by Sections 421 and 422 and those specific farm uses specifically prohibited in urban land use districts. For the purposes of Section 201-2.4, "farm use" does not include the boarding or training of horses for profit.

201-2.5

An emergency measure necessary for immediate safety of persons or protection of property, except those authorized by Section 702 which are exempt from the requirements of this Code, provided however, that an application for a development permit shall be promptly filed if the measure otherwise would require such a permit but for the emergency.

201-2.6

Propagation or cutting of trees except:

As specified in Section 407-3;

Inside the UGB, trees located within a floodplain, drainage hazard area and/or Significant Habitat, which are subject to Section 421 and/or Section 422; or

Where the trees were designated for preservation in a prior development action or through the master planning process for a development.

201-2.7

Establishment, construction, maintenance, preservation or termination of local public streets substantially in the public right-of-way together with piping and culverting, accessory drainage systems such as catch basins, and necessary accessory structures and easements. Notwithstanding this exemption, said facilities within a floodplain or drainage hazard area shall obtain a development permit. This development (alteration) permit shall be approved if the applicant demonstrates compliance with the applicable standards in the following sections: Sections 410, 421, 422, and 426.

201-2.8

Except in the EFU, AF-20 and EFC Districts, establishment, construction, maintenance, preservation or termination of the following authorized public facilities in the public right-of-way directly serving development or as shown on the Transportation System Plan or adopted Public Facility Plan, together with piping and culverting and necessary drainage systems and accessory structures and easements: sewer and water lines, electrical and gas distribution lines, telephone and television cable transmission lines. Notwithstanding this exemption, said facilities within a floodplain or drainage hazard area shall obtain a development permit. This development (alteration) permit shall be approved if the applicant demonstrates compliance with the applicable standards in the following sections: Sections 410, 416, 421, 422, and 426.

201-2.9

Maintenance, preservation or repair of local public streets or private streets, including culverting and piping, accessory drainage systems and necessary accessory structures, within a floodplain or drainage hazard area. Work shall comply with local, state and federal regulatory requirements, including the requirements of Article IV.

201-2.10

In the EFU, EFC, AF-20, and MAE Districts only, operations for the exploration of geothermal resources as defined by ORS 522.005 and oil and gas as defined by ORS 520.005, including the construction of access roads, subject to the following:

There shall be no work in a floodplain, drainage hazard area or an area identified in the Rural/Natural Resource Plan as a significant natural resource;

A permit is obtained from the Department of Geology and Mineral Industries (DOGAMI) prior to commencing work; and

Access to the site from a public road shall comply with the sight distance standards of Section 501-8.5 F.

201-2.11

The following structures accessory to a residential use:

Playground equipment and structures;

Stone or brick barbecues;

Clotheslines;

Treehouses, playhouses and storage sheds less than 120 square feet in area;

Arbors and trellises;

Dog houses totaling no more than 50 square feet;

Hutches for rabbits and other small animals totaling no more than 50 square feet;

Houses for wild or domestic birds totaling no more than 50 square feet;

Basketball hoops, tetherball poles and other permanently mounted sports equipment;

Above-ground swimming pools, hot tubs and spas with no permanent plumbing or electrical connections.

Such uses shall not be located in a required front or street side yard and shall be set back at least three feet from a side (except a street side yard) or rear property line. Such uses, except uses authorized by Section 201-2.11 D., may be placed at a side or rear property line if a sight-obscuring fence at least six feet in height is located along the property line. No portion of the structure shall extend over the property line. The maximum allowed height is 15 feet.

201-2.12

The following excavations or fills, except excavations or fills for public transportation facilities, provided that no excavation or fill shall occur in the floodplain, drainage hazard area or in an area specifically identified as a significant natural resource in the Community Plan or the Rural/Natural Resource Plan without first obtaining a development permit:

Excavations below finish grade for basements and footings of a building, retaining wall or other structure authorized by a valid development or building permit;

Cemetery graves;

Excavations for wells, tunnels or utilities;

Excavations or fills for public projects conducted by or under contract of the county;

Exploratory excavations affecting or disturbing areas less than 6,000 square feet in size, under the direction of soil engineers or engineering geologists;

Access roads developed to support forest-related activities, agricultural crop production or grazing activities, where the roads:

(1)

Are located on property used for an interim agricultural or forest use;

(2)

Are solely for providing access to water supplies, equipment or supply storage areas, livestock grazing areas, producing fields or orchards, or fence lines;

(3)

Do not create a cut or fill greater than three feet in height visible from a public road;

(4)

Are 16 feet or less in width;

(5)

Do not divert drainage onto or cause increased erosion on adjacent properties; and

(6)

Do not discharge or threaten to discharge silt onto adjacent properties or into streams shown on the latest USGS seven and one-half minute topographic quadrangle map;

Accepted farm practices, as defined in ORS 215.203, such as preparation of land for cultivation and not including grading for roadwork or pads for structures are subject to all of the following:

(1)

No piping of drainages serving off-site properties;

(2)

If fill is proposed, finished grade is no higher than adjacent property at the property line, or fill or excavation area is outside the district setbacks;

(3)

Preserves existing drainage pattern, including direction and flow capacity and velocity of an existing drainage swale or channel. A drainage swale is a local depression, which conveys water to or from an adjoining property. All ponds shall be located outside drainage channels;

(4)

Except for ponds, all material is either "A" Horizon topsoil (as defined by Natural Resources Conservation Service [NRCS]) or if utilized for nursery purposes, the material is commonly used to grow nursery crops;

(5)

Fill material does not contain hazardous or contaminated substances, putrescibles or material such as asphalt, concrete or tires;

(6)

Compliance with OAR 603-095 (Agricultural Water Quality Management Program);

(7)

All grading activities must be completed within one calendar year of commencing grading and the graded area returned to farm use;

(8)

Except for nursery farms, imported fill material shall not exceed 5,000 cubic yards;

(9)

Charging a fee to place fill is not allowed.

Grading that is a soil or water conservation project regulated by the U.S. Department of Agriculture, NRCS, and/or the Washington County Soil and Water Conservation District (SWCD), or a Water Quality Farm Plan approved by SWCD for a Container Nursery;

An excavation which is less than two feet in depth, or which does not create a cut slope greater than five feet in height and steeper than one and one-half horizontal to one vertical;

Imported fill which does not exceed150 cubic yards on any one lot or parcel placed, in a single year, on natural terrain and does not obstruct a drainage course, and where the fill will be:

(1)

Less than one foot in depth and placed on natural slope flatter than five horizontal to one vertical; or

(2)

Less than three feet in depth when not intended to support structures.

Underground pipes and conduits except where such pipes or conduits would introduce an urban service outside the Urban Growth Boundary, in accordance with Section 430-105.6;

Above ground electric transmission, distribution, communication and signal lines on a single pole system where a single pole system is defined as above-ground electrical lines and their supporting concrete, wood or metal poles, but does not include self-supporting steel lattice-type structures; and

Farm related pipes, including but not limited to irrigation and drainage pipes, and necessary accessory structures, such as pumps.

201-2.13

Continued use of a valid nonconforming use or exercise of a vested right, except that any change, alteration, restoration or replacement of a nonconforming use shall require a development permit as provided in Section 440.

201-2.14

Family day care provider as defined in Section 106-78, except in the EFU, EFC, AF-20, AF-10, AF-5, RR-5, Industrial, R-IND and MAE Districts.

201-2.15

Emergency or routine repairs or maintenance of a lawfully established communication tower or antenna.

201-2.16

Transportation improvements required to fulfill a condition of approval of a development action.

201-2.17

Receive-only satellite dishes as accessory uses to a maximum diameter of ten feet, located in a side or rear yard and no closer than three feet to any property line, with the center of the dish mounted no more than six feet above grade.

201-2.18

Except in the EFU, EFC and AF-20 Districts, a home occupation which meets the standards for a Type I home occupation set forth in Section 430-63 but involves no customers entering the premises;

201-2.19

Child care provided at a public or private school for before and/or after school care exclusively for students affiliated with the school.

201-2.20

Direct sale of farm crops as described in ORS 215.203 when a building permit is not required.

201-2.21

In the EFU, EFC and AF-20 Districts, boarding or training of horses for profit, subject to compliance with the standards in Section 430-21.

201-2.22

Shelter home, as defined in ORS 409.290(5), in the R-5, R-6, R-9, R-15 and R-24 Districts provided it is in an existing dwelling and on a lot that is at least 15,000 square feet in size.

201-2.23

Development that involves removal of vegetation down to duff or bare soil and is outside the floodplain, drainage hazard area or an area specifically identified as a significant natural resource in the Community Plan or the Rural/Natural Resource Plan.

201-2.24

Utility facilities in the EFU and AF-20 Districts:

The placement of utility facilities, with the exception of water and sewer facilities, overhead and in the subsurface of public roads and highways along the public right-of-way and when not located within a drainage hazard or floodplain hazard area.

The placement of utility facility service lines. Utility facility service lines are utility lines and accessory facilities or structures that end at the point where the utility service is received by the customer and that are located on one or more of the following:

(1)

A public right-of-way;

(2)

Land immediately adjacent to a public right-of-way, provided the written consent of all adjacent property owners has been obtained; or

(3)

The property to be served by the utility.

201-2.25

In the EFU and AF-20 Districts, on-site filming and activities accessory to on-site filming for less than 45 days - See ORS 215.306 for standards.

201-2.26

Residential Home, as defined in ORS 197.660, in any district that allows a single-family dwelling unit as a Type I action or in any district in an existing dwelling, except in the EFU and AF-20 Districts.

201-2.27

Private hunting and fishing operations in the EFC District which do not constitute development as defined in Section 106-57.

201-2.28

Annexation, boundary changes, or extraterritorial extensions pursuant to ORS 198 and 199.

201-2.29

Installation and maintenance of farm-related irrigation and drainage pipes within the 100-year floodplain, provided the disturbed soil is already farmed and is outside the Water Areas and Wetlands and Fish and Wildlife Habitat and the Riparian Wildlife Habitat Significant Natural Resource Areas, as defined in Section 422, and that the land disturbance will not alter flood storage capacity or water velocities. The property owner shall be required to sign an affidavit stating that all spoils will be removed from the flood area and placed in an appropriate disposal site.

201-2.30

The following telecommunication facilities located in the public road right-of-way:

Small wireless facilities, as defined in Section 430-109.2, subject to the following:

(1)

No more than three associated equipment cabinets, not to exceed a total of 17 cubic feet, may be mounted on the pole. The cabinet shall be painted with or constructed of material with a nonreflective neutral color that matches or is similar to that of the pole. All associated ground mounted equipment located in the right-of-way is subject to the applicable standards of the road authority (e.g., ODOT, Washington County);

(2)

Antennas, excluding whip antennas, shall be minimally off-set, as defined in Section 430-109.2, or located within a cylindrical enclosure mounted on the pole (including omni-directional antennas) in order to minimize visual impacts. Visible antennas shall be colored or painted with a nonreflective neutral color that matches or is similar to that of the pole;

(3)

All cabling shall be colored or painted with nonreflective neutral colors that match or are similar to that of the pole. If cabling is contained in protective conduit then the conduit shall be of the same or similar color as the pole;

(4)

Service providers shall provide to the roadway authority copies of all plans and elevation schematics for purposes of maintaining an accurate inventory of these exempt facilities;

(5)

Notwithstanding Sections 201-2.30(1), (3), and (4), reflective elements may be allowed when determined necessary by the applicable roadway authority;

(6)

All applicable county, state and federal right-of-way and/or building permits;

(7)

Except as exempt under Sections 201-2.30, 201-2.31 or 430-109.3, telecommunication facilities and associated equipment are subject to review under CDC Section 430-109; and

(8)

Abandonment - Section 430-109.11.

Colocation of antennas on electric and other utility poles in the public road right-of-way where the subject support pole is part of an existing above ground electric transmission, distribution, communication or signal line, and where "pole" is defined as a monopole, double pole or lattice utility structure, subject to the following:

(1)

All requirements of 201-2.30 A. above; and

(2)

Within the public road right-of-way, existing poles may be replaced provided the new pole is not more than 20 feet higher than pole to be replaced and antennas, excluding whip antennas, extend no more than 10 feet above the support pole.

201-2.31

The placement of an antenna and/or antenna support structures (including guy wires) of amateur radio operators up to a maximum height of 70 feet, provided the antenna is mounted to a permanent structure, and provided the antenna and any associated support structures are in compliance with district setback standards.

201-2.32

Irrigation canals, delivery lines and those structures and accessory operational facilities associated with an irrigation district as defined in ORS 540.505. Notwithstanding this exemption, said facilities within a floodplain or drainage hazard area shall obtain a development permit.

201-2.33

Mobile food site that complies with all of the following standards:

Sites hosting any number of mobile food units for 12 or fewer hours within a 24-hour period. Mobile food units cannot be stored on-site;

Each mobile food unit is entirely self-contained with no connections to on-site utilities;

Mobile food units(s) are not occupying or obstructing pedestrian walkways, loading areas, driveways, drive aisles, bicycle parking areas, or emergency vehicle access;

The site is located in the NC, OC, CBD, GC, IND, INST, R-COM, TO:RC, TO:EMP, TO:BUS, NCC NB, or NCMU NB Districts, or is in conjunction with an existing permitted institutional use; and

No modifications are made to the development site, including surface modifications and vegetation removal.

201-2.34

Temporary hosting/shelter location for homeless persons and/or households in a habitable institutional building that is not typically used as a residence, subject to the following:

No more than 20 homeless persons hosted at one time;

Hosting is limited to 10 consecutive days, and a cumulative total of 60 days per calendar year;

Must include accessible restroom facilities, including at least one restroom that meets ADA requirements;

Temporary shelter that includes overnight accommodations/sleeping spaces must have an accessible emergency exit.

For the purposes of this section, a habitable institutional building may include, but is not limited to, a building such as a school, a place of worship, or a recreational or community center, owned and/or operated by a nonprofit organization, a religious institution, a school district, or a parks or community services provider.

201-2.35

Vehicle Camping Site for Homeless Persons as defined in Section 106, on a site in the following nonresidential districts: FD-20, FD-10, NC, OC, CBD, GC, IND, INST, TO:RC, TO:EMP, TO:BUS, NCC NB, NCMU NB, INST NB, CCMU or NMU or on the site of a religious institution in any urban district, subject to the following:

Written certification from a city, the County or other authorized public agency that, at the time of certification, the property owner and site are in compliance with program requirements adopted by the city, the County or other public agency, designed to aid in transition to stable housing;

Located in a parking lot on a site that includes a building occupied by a nonresidential commercial interest, religious institution, place of worship, public service nonprofit, or public entity, where both the parking lot and building are owned or operated by that entity;

A storage facility is placed on-site for program participants to store personal items, such that the items are not visible from public rights-of-way;

Maximum number of vehicles for camping use that will be on-site simultaneously is three unless otherwise provided in Oregon Revised Statute and program rules;

Parking spaces used for vehicle camping, and storage and sanitary facilities, are located:

No less than 10 feet from property lines of the subject site; and

Storage and sanitary facilities are no less than 20 feet from the property line of any off-site residential use; and

Vehicle camping does not occupy pedestrian walkways, fire lanes or other emergency access areas, or areas needed for corner vision (Section 418-3) or sight distance (Section 501-8.5 F.).

(Ord. No. 828, § 2.C.(Exh. 1, § 2), 9-26-17, eff. 11-24-17; Ord. No. 826A, § 2.A.(Exh. 1, § 2), 10-24-17, eff. 11-24-17; Ord. No. 827A, § 2.A.(Exh. 1, § 1), 10-24-17, eff. 11-24-17; Ord. No. 831A, § 2.A.(Exh. 1, § 2), 7-17-18, eff. 8-16-18; Ord. No. 832A, § 2.A.(Exh. 1, § 2), 9-18-18, eff. 10-18-18; Ord. No. 855, § 2.A.(Exh. 1, § 2), 8-6-19, eff. 11-28-19; Ord. No. 856A, § 2.A.(Exh. 1, § 1), 10-22-19, eff. 11-28-19; Ord. No. 866, § 2.C.(Exh. 3, § 2), 9-1-20, eff. 10-1-20; Ord. No. 867, § 2.A.(Exh. 1, § 2), 9-1-20, eff. 10-1-20; Ord. No. 889A, § 2.C.(Exh. 3, § 3.), 2-7-23, eff. 3-9-23; Ord. No. 903, § 2.M.(Exh. 13, § 2.), 10-15-24, eff. 11-14-24; Ord. No. 902A, § 2.B.(Exh. 2, § 2.), 11-5-24, eff. 12-5-24)

201-3

Issuance and Effective Date

201-3.1

The development permit shall be effective upon the expiration of any local appeal period. For the final decision of the County, the development permit shall be effective upon issuance.

201-3.2

In the event that a final approval of the Board or Hearings Officer is appealed to a body of competent jurisdiction, the development permit shall be issued after notice of the decision is provided and it shall be the responsibility of the person appealing the Board or Hearings Officer decision to seek appropriate judicial remedies halting action upon the permit.

Notwithstanding issuance, however, the holder of the permit shall proceed at the permit holder's own risk and shall be deemed to have expressly assumed all risk of proceeding and shall save and hold harmless Washington County from any responsibility or liability for proceeding with development.

201-3.3

Every development permit shall be specific as to the approval granted or development authorized. It shall be subject to the standards and conditions set forth in this Code, excepting only those variances or exceptions authorized by the Review Authority, together with any conditions imposed by the Review Authority. The development permit shall be effective immediately unless otherwise conditioned.

201-4

Expiration

201-4.1

Except as outlined below under Section 201-4.2 or as otherwise specifically provided in this Code, a development permit shall expire automatically four years from the date of issuance unless one of the following occurs first:

The development permit is revoked as provided for in Section 201-7 or as otherwise invalidated by a body of competent jurisdiction; or

An application for an extension is filed pursuant to Section 201-5; or

The development has commenced as provided in Section 201-6.

Upon final approval by the County of a permit, if the permit is appealed to a body of competent jurisdiction, the four-year permit period shall be tolled until a final, unappealed decision by a competent jurisdiction is made.

In addition to A., B., C. and D., Standard Land Divisions shall expire automatically four years from the date of preliminary approval, and property line adjustments shall expire automatically four years from the date of approval as specified in Article VI.

201-4.2

For dwellings allowed under the following provisions, a development permit shall expire automatically four years from the date of issuance unless one of the actions outlined under Section 201-4.1 occurs first:

Replacement Dwellings in the EFC District;

Non-Farm Dwellings in the EFU and AF-20 Districts;

Marginal Lands Dwellings in the AF-20 District;

Lot of Record, Large Ownership and Template Dwellings in the EFC District; and

Caretaker residences for public parks and public fish hatcheries.

201-4.3

A development permit for a solar access permit shall expire automatically 180 days from the date of issuance unless one of the requirements of Section 201-4.1 occur first as provided in Section 427-5.7.

201-4.4

A development permit for a solar access permit shall expire automatically if construction is abandoned or suspended for a period of 180 days or more as provided in Section 427-5.7 B.

201-4.5

Section 201-4 does not apply to development permits for public transportation facilities authorized by Article VII.

201-4.6

In the EFU and AF-20 Districts, an approved deferred replacement permit pursuant to Section 430-8 allows the construction of a replacement dwelling at any time.

(Ord. No. 877A, § 2.A.(Exh. 1, § 1.), 10-11-21, eff. 11-10-21; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

201-5

Extension

201-5.1

Extension in all Districts Except the EFU, AF-20 and EFC Districts

If an extension is desired, the holder of the development permit must file an application for an extension prior to expiration of the development permit. Unless approved, an extension request does not extend the expiration date. Extension requests shall be processed as a Type I action. An extension may be granted for a maximum of two years from the original date of expiration except as provided in Section 427-5.8. Subsequent extensions may not be granted.

201-5.2

Extension in the EFU, AF-20 and EFC Districts

Applies to all permits in the EFU, AF-20 and EFC Districts except as provided in Section 201-5.3 below. If an extension is desired, the holder of the development permit must file an application for an extension prior to the expiration of the development permit. Unless approved, an extension request does not extend the expiration date. Extension requests shall be processed as a Type II action. One extension may be granted for a maximum period of one year from the original date of expiration when findings are made demonstrating compliance with A., B. and C. below. Additional one-year extensions may be authorized where applicable criteria for the decision have not changed.

The applicant was unable to begin or continue development during the approval period for reasons for which the applicant was not responsible;

The request for extension is not sought for purposes of avoiding any responsibility imposed by this Code or the permit; and

There has been no change in circumstances or the law likely to necessitate significant modification of the development approval or conditions of approval.

201-5.3

Extension of Certain Dwelling Approvals in the EFU, AF-20 and EFC Districts

For the dwelling approvals listed under Section 201-4.2 only, if an extension is desired, the holder of the development permit must file an application for an extension prior to the expiration of the development permit. Unless approved, an extension request does not extend the expiration date. Extension requests shall be processed as a Type I action. In accordance with ORS 215.417 (3), an extension approved under this Section is not a land use decision as defined in ORS 197.015.

One extension may be granted for a maximum of two years from the original date of expiration when there has been no change in circumstances or to the applicable laws likely to necessitate significant modification of the development approval or conditions of approval.

In addition to an extension allowed by A. above, up to five one-year extensions may be subsequently approved when:

(1)

The applicant makes a written request for the additional extension prior to the expiration of the previous extension.

(2)

The applicable residential development statute has not been amended following approval of the permit, except for amendments to ORS 215.750 made in 2019 that apply to Template Dwellings (Section 430-37.2 G.).

(3)

No changes in state administrative rule or CDC regulations applicable to the permit have occurred since the permit was approved, aside from that noted in (2) above, unless allowed by the County.

(Ord. No. 877A, § 2.A.(Exh. 1, § 1.), 10-11-21, eff. 11-10-21)

201-6

When a Development has Commenced

201-6.1

This provision applies to authorized projects that are initiated prior to the expiration of the development permit, but not completed before the expiration date. Once development has commenced, the holder of the development permit is allowed to complete the development and the development permit does not expire, except in the case of a Standard Partition or Standard Subdivision as noted under CDC Sections 605-2.1.A(4)(c) and 610-2.1.A(3)(c), or in the case of permit revocation pursuant to Section 201-7.

There are two processes for making decisions to determine whether or not development has commenced. The Type I process can be summarized as expending a minimum dollar amount of money physically altering the land or structure, or changing the use thereof or, in the case of development requiring a building permit, issuance of the building permit.

The Type II process can be summarized as expending any combination of time, labor, or money physically altering the land or structure, or changing the use thereof; or expending a combination of time, labor, or money toward completion of a development project without physically altering the land or structure or changing the use thereof for reasons beyond reasonable control of the permit holder.

201-6.2

Type I decision:

The authorized development has commenced when the holder of the permit has:

(1)

Physically altered the land or structure or changed the use thereof. Examples include one or more of the following: preliminary grading for roads, driveways, building sites or installation of utilities; interior remodeling of a structure; required off-site improvements; and

(2)

Such alteration or change is directed toward completion of applicable Code standards or Conditions of Approval for the development; and

(3)

Is sufficient in terms of money expended to demonstrate a good faith effort to complete the development. Sufficient means spending at least: $5,000 for projects involving one dwelling on an existing lot or parcel, $10,000 for Standard Partitions and Standard Subdivisions with four lots, and $25,000 for all other projects. The expenditures must be related to completion of the development; this money must have been spent on physically altering the property. Expenditures that could apply to various other uses of the land or structure shall be excluded including the cost of purchasing land; or

(4)

In the case of development requiring a building permit for a dwelling or commercial building permit, the land use sign-off for the permit or issuance of the building permit shall be conclusive evidence of commencing development. A development permit which otherwise would have expired [development has not commenced in accordance with (1), (2) and (3) above], but for issuance of a building permit, shall expire automatically upon expiration of the building permit. Nothing herein, however, shall be deemed to extend the life of said building permit as provided by law.

201-6.3

Type II decision:

The authorized development has commenced when the holder of the permit has:

(1)

(2)

Such alteration or change is directed toward completion of the development; and

(3)

Is sufficient in terms of time, labor, or money expended to demonstrate a good faith effort to complete the development. Expenditures must be related to completion of the development. Expenditures that could apply to various other uses of the land or structure shall be excluded including the cost of purchasing land; or

(4)

Physically altering the land or structure or changing the use thereof could not practically occur for reasons beyond reasonable control of the Permit holder and other effort expended is sufficient in terms of time, labor, or money spent to demonstrate a good faith effort to complete the development. Expenditures must be related to completion of the development. Expenditures that could apply to various other uses of the land or structure shall be excluded including the cost of purchasing land.

201-6.4

In the case of development authorized to be done in phases, each phase must be commenced within the time frame specified in the approval, or commenced within two years of completion of the prior phase if no time table is specified. The date of phase completion in the case of a structure or structures shall be the date of issuance of an occupancy permit or final building inspection by the Director for 80 percent or more of the structure or structures.

(Ord. No. 813, § 2.C.(Exh. 3, § 2), 8-23-2016, eff. 11-25-2016; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

201-7

Revocation of Development Permit

201-7.1

Revocation shall be processed as a Type I action. A development permit may be revoked upon a finding of:

Noncompliance with the standards or conditions set forth in this Code, or any special conditions imposed upon the permit;

Intentional fraud, misrepresentation or deceit upon the part of the applicant as to an issue material to the issuance of the development permit;

Abandonment or discontinuance as determined by failure to make reasonable progress toward completion of a commenced development for a continuous period of one year. Bona fide good faith efforts to market the development shall not constitute abandonment or discontinuance; or

A change in this Code, the Comprehensive Plan or state law which would make the approved development unlawful or not permitted, prior to the development obtaining a vested right or nonconforming use status.

201-7.2

Revocation shall be effective immediately upon the County providing written notice thereof to the holder of the permit. Unless provided otherwise by the revoking authority, revocation terminates the authority to continue the use. Continued use without a current valid development permit shall be a violation of this Code.

201-7.3

The holder of a revoked permit may reapply for a new permit at any time as an entirely new application.

201-7.4

Revocation is available in addition to and not in lieu of any other remedy provided by law and is not a condition precedent to any such remedy.

201-8

Transferability of Development Permit

Unless otherwise provided in the development permit, a development permit shall be transferable provided the transferor files a statement with the Director signed by the transferee and recorded in the chain of title of the property, indicating that the transferee has been provided a copy of the development permit and all conditions of approval, understands the obligation and agrees to fulfill the conditions unless a modification is approved as provided in this Code. The transferor shall be jointly responsible for ensuring compliance until such a statement is filed, at which time the transferor's obligation shall be terminated.

202 - PROCEDURE TYPES AND DETERMINATION OF PROPER PROCEDURE

All land use actions shall be classified as one of the following unless state law mandates different or additional procedures for particular land use actions or categories of land use actions or specified otherwise by Article VII of this Code. A Middle Housing Land Division, per Oregon statute, is not a land use action, therefore categories of land use actions outlined below do not apply. Procedural requirements for Middle Housing Land Divisions are outlined in Section 606, and Article II does not apply.

(Ord. No. 890A, § 2.A.(Exh. 1, § 4.), 2-7-23, eff. 3-9-23)

202-1

Type I

202-1.1

Type I development actions involve permitted uses or development governed by clear and objective review criteria. Type I actions do not encompass discretionary land use decisions. Impacts have been recognized by the development and public facility standards. The intent and purpose of the District is not a consideration of approval in Type I uses.

202-1.2

The following are Type I actions:

Those identified in this Code as Type I actions;

Notwithstanding any other provision, structures or uses proposed to implement an approved Planned Development, if consistent with the approval:

(1)

For purposes of this Section, consistency shall mean that the use or development was contemplated by and conforms with the prior approval.

(2)

As regards public facilities impacts, the use or structure shall be processed as a Type I action only if the impacts, as measured by the accepted standard used in the prior approval, are less than or equal to the impacts identified in the prior approval. For example, trip generation of the proposed use or structure is less than or equal to the trip generation projected in the planned development approval.

(3)

If the Director determines that the proposed use or structure was not contemplated, does not conform or requires the application of discretionary review criteria or conditions of approval, it shall be processed as listed in the applicable district. The Director's determination shall not be subject to appeal.

202-1.3

Type I development actions shall be decided by the Director without public notice or hearing. Notice of a decision shall be provided to the applicant or the applicant's representative and owners of the subject property. The decision may be reconsidered pursuant to Section 208 or appealed by the applicant as provided in Section 209. The hearing shall be conducted as a Type III hearing except that only the applicant and owners of the subject property shall be entitled to notice.

202-2

Type II

202-2.1

Type II land use actions are presumed to be appropriate in the District. They generally involve uses or development for which review criteria are reasonably objective, requiring only limited discretion. Impacts on nearby properties may be associated with these uses which may necessitate imposition of specific conditions of approval to minimize those impacts or ensure compliance with this Code.

202-2.2

The following are Type II actions:

Those identified in this Code as Type II;

In all districts other than residential, agricultural or forestry, development or uses not specifically identified or classified in this Code which are determined by the Director to be substantially similar with similar impacts to uses listed as Type I or Type II in the applicable land use district or other provisions of this Code, and probably would have been included in the District if considered during adoption of this Code. The determination may be challenged in the appeal of the decision on the proposed development but is not subject to appeal on its own.

In the EFU, EFC and AF-20 Districts, development or uses specifically allowed by ORS 215.203 and ORS 215.213, or OAR 660, Division 6 or 33, may be determined by the Director to be allowed.

202-2.3

Notice of proposed Type II actions shall be sent as provided in Section 204. A 14 calendar day written comment period shall be provided from the time notice is mailed to provide interested persons with an opportunity to submit written comments about the proposed action before the Director makes a decision on the request. Upon close of the comment period the Director shall review all written comments actually received by the Department within the comment period and the applicant's response to the comments. The Director may also consider responses to questions by staff which clarify or amplify information which does not change the original request. Written comments received after the comment period and prior to issuance of a decision do not have to be considered by the Director. The Director shall then issue a decision. The Notice of the Decision shall be mailed pursuant to Section 204-3.4. Any party as defined by Section 205-3.2 may appeal the decision as provided in Section 209.

202-3

Type III

202-3.1

Type III actions involve development or uses which may be approved or denied, thus requiring the exercise of discretion and judgment when applying the development criteria contained in this Code or the applicable Community Plan. Impacts may be significant and the development issues complex. Extensive conditions of approval may be imposed to mitigate impacts or ensure compliance with this Code and the Comprehensive Plan.

202-3.2

The following are Type III actions:

Those identified in this Code as Type III;

Those not identified or otherwise classified which are determined by the Director to be substantially similar to the uses or development designated as Type III, require the exercise of significant discretion or judgment, involve complex development issues, or which likely will have significant impact. The determination may be challenged on appeal of the decision on the proposed development but is not subject to appeal on its own; and

Quasi-judicial plan amendments.

202-3.3

Type III actions shall be decided by the Hearings Officer or Planning Commission after a Public Hearing, except that the Board of Commissioners shall decide Type III actions for quasi-judicial plan amendments involving EFC, EFU, or AF-20 land or for which an exception to Oregon Statewide Planning Goals is requested, or which are required by state law to be decided by the governing body. Prior notice shall be given as provided in Section 204. Only decisions on quasi-judicial plan amendments shall be subject to reconsideration pursuant to Section 208.

Decisions on Type III actions may be appealed pursuant to Sections 209, 210, 211, and 212.

202-4

Type IV

202-4.1

Type IV actions are legislative. They involve the creation, broad scale implementation or revision of public policy. These include amendments to the text of the Comprehensive Plan, Community Plans or the Community Development Code. Large scale changes in planning and development maps also may be characterized as legislative where a larger number of property owners are directly affected.

202-4.2

Type IV actions are made through adoption of County ordinances.

202-4.3

Unless specifically provided otherwise, the procedures of this Article do not apply to legislative action which shall be adopted in accordance with the Washington County Charter and State law.

202-5

Determination of Proper Procedure Type

202-5.1

The Director shall determine whether an application or decision is a Type I, II or III action in accordance with the standards set forth above. Questions as to the appropriate procedure shall be resolved in favor of the Type providing the greatest notice and opportunity to participate. The decision of the Director is not subject to appeal on its own, but may be alleged as an error in an appeal of the decision on the proposed development. Upon appeal of the decision on the merits of a development action not specifically classified in this Code, the appeals authority may determine, based on the standards set forth in Section 202, that a different procedure type should have been used and direct that the proposed development action be processed accordingly.

202-5.2

The determination as to whether a matter is a Type IV Legislative matter shall be made by the Director in accordance with the standards of this Code and the County Charter. Concurrent actions involving legislative and non-legislative actions shall be separated for proper processing. The decision of the Director is not subject to appeal on its own, but may be alleged as an error on appeal of the decision on the proposed development. Upon appeal of the final decision on the merits of the action, the appeals authority may determine, based on the standards set forth in Section 202 of this Code and the County Charter, that a different procedure type should have been used, and direct that the proposed development action be processed accordingly.

202-5.3

Notwithstanding any other provision, and, upon payment of the proper fee, an applicant may choose to have the proposal processed under a procedure Type (except legislative) which provides greater notice and opportunity to participate than would otherwise be required.

202-5.4

Notwithstanding any other provision, and, at no additional cost to the applicant, the Director may choose to process a Type II application under the Type III procedure in order to provide greater notice and opportunity to participate than would otherwise be required, or in order to comply with the time requirements for reviewing development applications in ORS 215.428.

203 - PROCESSING TYPE I, II AND III DEVELOPMENT ACTIONS

203-1

Initiation and Withdrawal of Action

203-1.1

Type I, II and III development actions may be initiated only by:

Application by all the owners or all the contract purchasers of the subject property, or any person authorized in writing to act as agent of the owners or contract purchasers. For development allowed within a recorded easement, the signature of the other party to the easement is not required. In case of an application for a plan designation which requires that an exception be taken to Statewide Goals 3 and 4 pursuant to Goal 2, only one owner/applicant's signature is required. Contract purchasers shall indicate in writing that the contract vendor(s) has been notified of the application. If a lot or parcel has been divided without the approval of the County and such approval was required at the time the division occurred, a development action for approval of the improper division may be initiated by the owners of a portion of the existing lot or parcel, notwithstanding that less than all of the owners of the existing legal lot or parcel have applied for the approval;

The Board of Commissioners;

The Planning Commission;

The Director; or

Public agencies or private entities that have statutory rights of eminent domain for projects they have the authority to construct.

203-1.2

Director Withdrawals

Any application, petition for review or motion for reconsideration may be withdrawn by the Director at the request of the applicant or petitioner except when an application is deemed complete. Once accepted as complete, the application may be withdrawn only if the Director determines that:

(1)

Written consent to withdraw an application has been obtained from a majority of the owners or contract purchasers or the majority interest holders in the property, or all signers of the petition for review; and

(2)

No existing violation of this Code or the Comprehensive Plan, which might best be cured by further processing the application, have been identified on the subject property.

Applications for quasi-judicial plan amendments that are not made complete within 180) days shall be withdrawn by the Director on the 181st day after first being submitted.

203-1.3

If an application, petition for review or motion for reconsideration is withdrawn after public notice has been provided and the Review Authority has not rendered a decision, the Director shall provide written notification to all persons that were entitled to be mailed a public notice of pending review of the Type II or Type III action and all parties of record stating the application has been withdrawn.

203-1.4

Fees for applications and petitions for review withdrawn at the request of the applicant shall be refunded, less the actual costs incurred by the County.

203-2

Pre-Application Conference

203-2.1

No application for a Type II or Type III development action shall be received by the Director unless the applicant or the applicant's representative has:

Attended a pre-application conference; or

Signed a waiver, on a form prepared by the Director, waiving the pre-application conference requirement.

203-2.2

The purpose of the pre-application conference is to acquaint the applicant or representative with the requirements of this Code, the Comprehensive Plan and other relevant criteria. It is designed to assist the applicant. The applicant assumes the risk for delays or other problems caused by failure to attend.

It is impossible, however, for the conference to be an exhaustive review of all potential issues and the conference shall not bind or stop the County in any way from enforcing all applicable regulations.

203-2.3

Pre-application conferences shall be scheduled by the Director at the earliest reasonable time.

203-2.4

As soon as practicable, the Director shall provide the applicant or representative with a written summary of the meeting.

203-2.5

If a complete application relating to a proposed development action that was the subject of a pre-application conference has not been submitted within one year of the conference, a new conference or waiver shall be required.

203-3

Neighborhood Meeting

203-3.1

Intent and Purpose:

The purpose of the neighborhood meeting is to provide a forum for the applicant, surrounding neighbors, and interested members of the Community Participation Organization (CPO) to meet and consider a proposed application, and to discus issues/concerns regarding the proposal prior to application submittal. This preliminary meeting is intended to inform, encourage and maximize citizen involvement early in the development process so that the resultant application is more responsive to neighborhood concerns, and to expedite and lessen the expense of the review process by avoiding needless delays, appeals, remands or denials.

203-3.2

The The following application types shall be subject to the neighborhood meeting requirements:

Inside the UGB:

- Partitions, except Middle Housing Land Divisions;

- Subdivisions, except Middle Housing Land Divisions;

- Type III Special Uses;

- Type II Manufactured Dwelling Parks;

- Type II Adjustment - (Article V only);

- Type III Variances;

- Type II Alterations to a Nonconforming Use or Structure (Sections 440-6.2 A.(2) and 440-6.2 B.);

- Residential Planned Developments;

- Type II or III Development Review - Residential, except Middle Housing or proposals that require Type II or Type III review solely because they are within a Significant Habitat boundary, but which otherwise would require either a Type I permit or no development permit; and

- Type II or III Development Review - Commercial, Industrial, or Institutional (required only when the parcel subject to the application is within 125 feet of a Residential District).

Outside the UGB:

- Standard Subdivisions - when greater than 10 lots;

- Type III Special Uses;

- Type II New Quarry applications;

- Type III Variances;

- Type II Alterations to a Nonconforming Use or Structure (Sections 440-6.2 A.(2) and 440-6.2 B.);

- Type II Adjustment - Lot area only;

- Type II or III Development Review - Rural Commercial, Rural Industrial, MAE (required only when the proposal abuts the AF-5, AF-10, or RR-5 District).

203-3.3

Neighborhood Meeting Requirements

Neighborhood meetings shall be held at a location within the boundaries of the applicable CPO. The meeting shall be held on a weekday evening, or weekends at any reasonable time. Mailed notice of the meeting shall be provided by the applicant to the surrounding neighborhood and applicable CPO. The applicant shall also post notice of the neighborhood meeting by posting a sign on the subject site in advance of the meeting. The applicant shall prepare meeting notes of major points about the development proposal that were discussed at the meeting. The applicant shall be required to hold only one meeting prior to submitting an application for a specific site, but may hold more if desired. The Board of Commissioners shall establish by Resolution and Order specific requirements for notice of posting and conducting of neighborhood meetings for the categories of applications described in Section 203. The Board shall describe the requirements and procedures for each category of application. These requirements may be amended by Resolution and Order of the Board.

If the applicant fails to hold a neighborhood meeting and the application is deemed complete, failure to hold a neighborhood meeting in accordance with these provisions and the Resolution and Order prior to submittal of a complete application shall result in denial of the application. If the applicant adds one or more tax lots to the development application after the neighborhood meeting, the applicant shall hold an additional neighborhood meeting with a new notice.

(Ord. No. 828, § 2.C.(Exh. 1, § 3), 9-26-17, eff. 11-24-17; Ord. No. 822A, § 2.C.(Exh. 3, § 1), 10-17-17; Ord. No. 885A, § 2.1.(Exh. 1, § 2.), 6-28-22, eff. 7-28-22; Ord. No. 889A, § 2.C.(Exh. 3, § 1.), 2-7-23, eff. 3-9-23; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23; Ord. No. 902A, § 2.B.(Exh. 2, § 3.), 11-5-24, eff. 12-5-24)

203-4

Application

203-4.1

Applications for development actions shall be submitted in accordance with the format and upon such forms as may be established by the Director.

203-4.2

A complete application is one which contains the information required to address the relevant standards of this Code and the applicable standards and requirements of the Comprehensive Plan as specified by this Code. It shall consist of the following:

A completed original application form, signed by all persons required for initiating an application under Section 203-1.1. No application shall be deemed complete if it is determined that all necessary authorization to file has not been obtained. Failure to provide such authorization shall result in denial of the application;

A current Washington County tax map(s) showing the subject property(ies);

Current county tax maps showing all properties in an adjoining county that are:

(1)

Within 500 feet of the subject property(ies) in the Urban area; or

(2)

Within 1,000 feet of the subject property(ies) in the Rural area.

The tax maps shall be obtained from the adjoining county;

Documentation of the names and addresses of the owners of record of the properties described in C above recorded with the Department of Assessment & Taxation of the adjoining county;

A site plan of the property illustrating the property boundaries, proposed and existing structures and improvements, easements, driveways, water and sewer lines, septic tanks and drainfields, all drainage courses, and structures within 250 feet of a drainage course. Site plans of the entire property must be drawn at an even scale (1" = 100' preferred) with detailed site plans drawn at an even scale (1" = 20' preferred) on 11×17 paper, or as approved by the Director.

Documentation of whether a railroad-highway crossing provides or will provide the only access to the subject property.

Information required pursuant to Article V, Public Facility and Service Requirements. Outside the Urban Growth Boundary, any proposed development action that would generate additional vehicular trips (other than one house on an existing vacant lot and uses listed as exempt in Article V) shall provide evidence that any access to a public road meets the sight distance requirements of Section 501-8.5F. A Sight Distance Evaluation or completed Traffic Impact Statement prepared by county staff, or a Sight Distance Certification prepared, stamped and signed by a registered Oregon engineer in accordance with Sec. 501-8.5F. may serve as evidence;

Additional information required by other provisions of this Code, including applicable standards and requirements of the Comprehensive Plan as specified by this Code;

Additional information directly related to the applicable standards of this Code, including applicable standards and requirements of the Comprehensive Plan as specified by this Code as deemed essential by the Director to evaluate adequately the specific application for compliance with those criteria and standards;

A written statement that explains the criteria and standards considered relevant to the application, states the facts relied upon in determining that the application meets the applicable criteria, standards, and explains the justification for approving the application based on the criteria and standards and facts set forth in the application. The findings must be substantive, not just recitations of the criteria and standards, and shall be supported by evidence in the application;

Evidence of compliance with the Neighborhood Meeting requirements required by Section 203-3, if required;

The applicable fees adopted by the Board of Commissioners are hereby incorporated by reference as the fees herein. These fees may be amended by Resolution and Order by the Board; and

For lands within the Clean Water Services boundary, documentation from Clean Water Services which specifies the conditions and requirements necessary for the applicant to comply with the agency's stormwater connection permit, water quality, erosion control, and sanitary sewer standards.

For Standard Land Divisions and development actions subject to Type II or III Development review on lands within a City Coordination Area (see map(s) on file with Current Planning), documentation from the appropriate city that ensures early coordination has occurred and confirms the City was informed of the pending application and was provided the opportunity to communicate regarding connection to city services. Changes of use that do not propose any new structures are exempt from this requirement. The documentation shall be no more than 180 days old.

(Ord. No. 828, § 2.C.(Exh. 1, § 3), 9-26-17, eff. 11-24-17; Ord. No. 858A, § 2.A.(Exh. 1, § 1), 10-22-19, eff. 11-28-19; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23; Ord. No. 902A, § 2.B.(Exh. 2, § 3.), 11-5-24, eff. 12-5-24)

203-5

Application Submittal and Acceptance

203-5.1

Applications shall be submitted to the Director in the number specified on the application form. The Director, however, may waive copies of specific documents, maps or exhibits upon a determination that the difficulty or burden of copying outweighs the usefulness of the copies.

203-5.2

No application shall be received by the Department for determination of completeness without the appropriate application fee.

203-5.3

Except as provided in Sections 203-5.6 and 203-5.7, after the application is deemed complete consistent with the requirements of ORS 215.427, the Review Authority shall take final action on Type II and III applications for development, including resolution of appeals within the following timelines:

APPLICATION	INSIDE THE UGB	OUTSIDE THE UGB
Type II and III, except as noted below	120 days	150 days
Certain multi-dwelling developments that include affordable housing, as outlined in ORS 197.311(3)	100 days	N/A
Mineral and Aggregate uses governed by Section 379	120 days

203-5.4

If an application is incomplete, the Review Authority shall notify the applicant in writing of exactly what information is missing within 30 days of receipt of the application and allow the applicant to submit the missing information. The application shall be deemed complete for the purpose of Section 203-5.3 upon receipt by the governing body or its designee of:

All of the missing information;

Some of the missing information and written notice from the applicant that no other information will be provided; or

Written notice from the applicant that none of the missing information will be provided.

203-5.5

On the 181st day after first being submitted, the application is void if the applicant has been notified of the missing information and has not submitted the applicable information as described in Section 203-5.4.

203-5.6

If the application was complete when first submitted or the applicant submits the requested additional information within 180 days of the date the application was first submitted and the County has a Comprehensive Plan and land use regulations acknowledged under ORS 197.251, approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first submitted.

203-5.7

The 120-day and 150-day periods set in Section 203-5.3 may be extended for a specified period of time at the written request of the applicant. The total of all extensions may not exceed 215 days.

203-5.8

The decision of the Director as to completeness of an application, including any required engineering, traffic or other such studies, shall be based on the criteria for completeness, adequacy and methodology set forth in this Code by Resolution and Order of the Board or by action of the Director. Rejection by the Director for incompleteness shall be based solely on failure to address the relevant standards or supply required information and shall not be based on differences of opinion as to quality or accuracy. Acceptance indicates only that the application is ready for review.

203-5.9

The Review Authority shall approve or approve with conditions an application which the Director has determined to be incomplete only if it determines that sufficient, accurate information has been submitted and adequately reviewed by the Review Authority with an opportunity for review by affected parties or that conditions can be imposed to ensure proper review at the appropriate time. In all other cases the Review Authority shall defer or deny.

(Ord. No. 824, § 2.B.(Exh. 2, § 2), 9-5-17, eff. 11-24-17; Ord. No. 835, § 2.A.(Exh. 1, § 2), 8-21-18, eff. 9-20-18; Ord. No. 885A, § 2.1.(Exh. 1), 6-28-22, eff. 7-28-22)

203-6

Staff Report

203-6.1

No decision on Type II and Type III proposed developments shall be made without a staff report. This report shall be provided to the applicant, CPO and Review Authority without charge. All others may obtain a copy upon request and payment of a reasonable fee to cover the cost of reproduction, overhead, and mailing.

203-6.2

A staff report shall be available no later than seven calendar days before a hearing on Type III actions, including Plan Amendments, or any hearing on appeal. Staff reports are mailed approximately seven days prior to the public hearings to the applicant and interested parties who request them. Mailing the report does not guarantee sufficient time prior to the public hearing to respond to the conditions of approval. Obtaining a copy of the staff report in person at the County best assures ample time for review and comment at the public hearing.

203-6.3

Notwithstanding the above, the staff report may be amended as necessary to address issues or information not reasonably known at the time the report is due.

204 - NOTICE OF TYPE I, II OR III DEVELOPMENT ACTIONS

204-1

General Provisions

204-1.1

All public notices shall be deemed to have been provided or received upon the date the notice is deposited in the mail or personally delivered, whichever occurs first.

204-1.2

The records of the Department of Assessment & Taxation shall be used for determining the property owner of record. Persons not on file with that department at the time an application is filed need not be notified. Failure actually to receive notice shall not invalidate an action if a good faith attempt was made to notify all persons entitled to notice. A sworn certificate of mailing issued by the person conducting the mailing shall be conclusive evidence of a good faith attempt to contact all persons listed in the certificate. Mortgagees, lien holders, vendors and sellers receiving notice shall promptly forward a copy by mail to the purchaser.

204-1.3

For notice purposes, the boundary of the subject property shall be the property which is the subject of the application, together with all contiguous property under identical ownership.

For notice purposes for development actions for public transportation facilities or utilities within existing or proposed public rights of way or utility easements, the boundary of the subject area shall be the limits of the area of development within the existing or proposed right-of-way or easement.

For notice purposes for airport-related development actions within Public and Private Use Airport Overlay Districts, the boundary of the subject notice area shall be the limits of the associated Airport Safety Overlay District, or Airport Safety and Land Use Compatibility Overlay District (whichever is applicable).

204-1.4

Outside the UGB, in addition to any other notice for Type II and III development actions, the applicant shall post the subject property in conformance with standards as set forth by Resolution and Order of the Board of Commissioners. Failure to post the subject property and file an affidavit of posting with the Director within 28 days of acceptance of a complete application shall result in denial of the application.

204-2

Type I Actions

204-2.1

No public notice of review is required.

204-2.2

Written notice of the decision of the Review Authority shall be provided to the applicant and property owner of record.

204-3

Type II Actions

204-3.1

A public notice of pending review shall be mailed to:

The applicant or representative and owners of the subject property;

All property owners of record:

(1)

Within 500 feet of the subject property in the urban area; or

(2)

Within 1,000 feet of the subject property in the rural area.

(3)

When an access management plan is proposed, property owners within the study area defined in 501-8.5 C (3)(a); or

(4)

When airport-related development is proposed on property within a Public or Private Use Airport Overlay District, property owners within the associated Airport Safety Overlay District, or Airport Safety and Land Use Compatibility Overlay District (whichever is applicable).

The recognized Community Participation Organization in which subject property is located. When a Director's Interpretation application submitted pursuant to Section 217 does not involve a specific property, public notice of pending review shall be provided to all Community Participation Organizations;

The owner of an airport, defined by the Department of Transportation as a public use airport when:

(1)

The subject property is:

(a)

Within 5,000 feet of the side or end of a runway of an airport determined by the Department of Transportation to be a visual airport; or

(b)

Within 10,000 feet of the side or end of the runway of an airport determined by the Department of Transportation to be an instrument airport.

(2)

Notwithstanding the provisions of Subsection D. (1), a public notice need not be provided as set forth in Subsection D. (1) if the proposed action would:

(a)

Allow a structure less than 35 feet in height; and

(b)

The subject property is outside the runway approach surface as defined by the Department of Transportation.

(3)

Failure of an airport owner to receive notice which was mailed shall not invalidate any decision.

The Oregon Department of Agriculture or the United States Department of Agriculture for applications for the propagation, cultivation, maintenance and harvesting of aquatic and insect species.

The Oregon Department of Transportation and the appropriate railroad owner for applications in which a railroad-highway crossing provides or will provide the only access to a property.

The owners of all properties in a Neighborhood Park Area shown on the Park, Trails and Pedestrian Connections map in the North Bethany Subarea Plan when an application is on a property in a Neighborhood Park Area.

204-3.2

The public notice shall contain:

The name of the applicant or representative and the County case file number;

A description of the subject property reasonably sufficient to inform the reader of its location;

A concise description of the proposed development action and a listing of review standards;

A statement that the complete application, standards and other such information are available at the County for review, and the phone number of a county contact person;

A statement that this is an opportunity for interested parties to submit written comments about the proposed request; that prior to making a decision, the Director will consider any written comments actually received by the Department within a 14 calendar day comment period; that written comments may be received after the comment period, but that the Director does not have to consider these comments prior to making a decision; that the Director will then make a decision and send a summary of the decision to those persons whose written comments are received by the Department, including comments received after the comment period, and those persons that were entitled to be mailed a public notice of pending review of the Type II action pursuant to Section 204-3.1; and that any person entitled to a notice of the decision, may appeal the decision as provided in Section 209;

The comment closing date, which shall conclude at the end of the Department of Land Use & Transportation's business day, in bold letters; and

The following statement in bold letters: NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST BE PROMPTLY FORWARDED TO THE PURCHASER.

204-3.3

After close of the 14 calendar day comment period, the Director promptly shall issue a decision based upon review of the use of development in light of the applicable standards and the comments received. In addition to comments from those entitled to notice, the Director shall consider the written comments of persons who demonstrate that their substantial rights may be adversely affected or aggrieved by the decision.

204-3.4

Notice of the decision shall be provided to the applicant, all persons who submitted written comments, all persons that were entitled to be mailed a public notice of pending review of the Type II action pursuant to Section 204-3.1; and the Community Participation Organization in which the subject property is located. The notice shall contain:

A brief summary of the nature of the action, the decision and conditions of approval, if any;

A description of the subject property reasonably sufficient to inform the public of its location;

The date the decision was provided and the due date for an appeal;

A statement that the decision may be appealed and a public hearing held by filing a signed petition for review within 12 calendar days of the date the decision was provided. The statement shall note that the petition shall be filed with the Department of Land Use & Transportation by the end of the department's business day of the closing date of the appeal period. The elements of a petition for review set forth in Section 209-3, and the fee, shall be listed. The statement shall note that only those persons who responded in writing to the notice of pending review and all persons that were entitled to be mailed a public notice of pending review of the Type II action pursuant to Section 204-3.1, are entitled to appeal the decision; and

A statement that the complete case, including findings and conclusions and conditions of approval, if any, are available for review at the County.

(Ord. No. 828, § 2.C.(Exh. 1, § 4), 9-26-17, eff. 11-24-17)

204-4

Type III Actions

204-4.1

Notice of public hearing shall be sent by mail at least 20 days before the hearing.

204-4.2

The notice of public hearing shall be mailed to:

The applicant or representative and owners of the subject property;

All property owners of record:

(1)

Within 500 feet of the subject property in the urban area; or

(2)

Within 1,000 feet of the subject property in the rural area.

(3)

When a new exception area is proposed, all property owners within 1,000 feet of the perimeter of the proposed exception areas, in addition to all property owners within the proposed exception area;

(4)

When an access management plan is proposed, all property owners within the study area defined in 501-8.5 C. (3)(a); or

(5)

When airport-related development is proposed on property within a Public or Private Use Airport Overlay District, all property owners within the associated Airport Safety Overlay District or Airport Safety and Compatibility Overlay District (Sections 387 and 388).

The recognized Community Participation Organization within which the subject property is located;

The owner of an airport, defined by the Department of Transportation as a public use airport when:

(1)

The subject property is:

(a)

Within 5,000 feet of the side or end of a runway of an airport determined by the Department of Transportation to be a visual airport; or

(b)

Within 10,000 feet of the side or end of the runway of an airport determined by the Department of Transportation to be an instrument airport.

(2)

Notwithstanding the provisions of Subsection D. (1) notice of hearing need not be provided as set forth in Subsection D. (1) if the proposed action would:

(a)

Allow a structure less than 35 feet in height; and

(b)

The subject property is outside the runway approach surface as defined by the Department of Transportation; and

(3)

Failure of an airport owner to receive notice which was mailed shall not invalidate any decision.

Tenants of a mobile home or manufactured dwelling park when a request for a plan amendment which would change the land use designation of the property which includes all or part of the park. Failure of a tenant to receive a notice which was mailed shall not invalidate any plan amendment.

204-4.3

The notice of public hearing shall contain:

The name of the applicant or owner;

The nature of the proposed development;

A description of the subject property reasonably sufficient to inform the public of its location;

The designation of the Review Authority and the time, date and place of the hearing;

A statement that all interested persons may appear and provide testimony and that only those making an appearance of record shall be entitled to appeal;

A statement that the hearing will be conducted in accordance with the Rules of Procedure adopted by the Board;

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;

The applicable review criteria that apply to the application;

A statement that failure of an issue to be raised in the hearing, in person or by letter, or failure to provide sufficient specificity to afford the Review Authority an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue;

The name of a County representative to contact and the telephone number where additional information may be obtained;

A statement that a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost;

A statement that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and will be provided at reasonable cost; and

A general explanation of the requirements for submission of testimony and the procedure for conduct of hearings.

204-4.4

In addition to all other notice, at least ten calendar days before a Type III public hearing for a quasi-judicial plan amendment, notice shall be provided in a newspaper of general circulation in the portion of the county affected.

204-4.5

Additional notice of any hearing may be required in accordance with the Rules of Procedure adopted by the Board.

204-4.6

Notice of the decision shall be provided to the applicant, the owners of the subject property and all persons who made an appearance of record. The notice shall contain:

A brief summary of the decision, and conditions of approval, if any;

A description of the subject property reasonably sufficient to inform the public of its location;

The date the decision was provided and the due date for an appeal;

For quasi-judicial plan amendments, a statement that the decision may be appealed and a public hearing held by filing a signed petition for review within 14 calendar days of the date the decision was provided. The statement shall note that the petition shall be filed with the Department of Land Use & Transportation by the end of the department's business day of the closing date of the appeal period. The elements of a petition for review set forth in Section 209-3, and the fee, shall be listed. The statement shall note that only those persons who made an appearance of record are entitled to appeal or request reconsideration of the decision. A statement that a motion for reconsideration may be filed as provided in Section 208, but that filing a motion does not stop the appeal period from running.

For decisions on a development permit for which there is no local appeal:

(1)

The date the written decision was signed by the Review Authority; and

(2)

A statement that the decision is final when the written decision is signed by the review authority and that any appeal must be made to the Land Use Board of Appeals no later than 21 days after the date the decision is final. The statement shall note that only those persons who made an appearance of record are entitled to appeal the decision.

A statement that the complete case, including findings and conclusions, and conditions of approval, if any, are available for review at the County.

(Ord. No. 828, § 2.C.(Exh. 1, § 4), 9-26-17, eff. 11-24-17; Ord. No. 822A, § 2.C.(Exh. 3, § 2), 10-17-17)

204-5

Notice of Hearing and Notice of Decision on Appeal

Notice of a public hearing conducted by the Review Authority to review a Type II decision by the Director, or an appeal of a Type III quasi-judicial plan amendment decision to the Board, shall be provided in the same manner as required for Type III actions. Notice of hearing on appeal to the Board of Commissioners of a Type III request described above shall be provided as required for initial hearing on the Type III proposal. Notice of decision on appeal shall be provided to all parties of record. In addition, notice of hearing on appeal to the Board shall be provided to all parties to the hearing conducted by the Review Authority.

(Ord. No. 822A, § 2.C.(Exh. 3, § 2), 10-17-17)

205 - PUBLIC HEARINGS

Public hearings on all development actions including appeals, but not including legislative actions, shall be conducted in accordance with this Section.

205-1

Notice

Notice of public hearing shall be provided in accordance with Section 204 of this Code and the Rules of Procedure adopted by the Board.

205-2

Rules of Procedure

Public hearings shall be conducted in accordance with the Rules of Procedure adopted by the applicable Review Authority.

At the beginning of the hearing for an application, a statement shall be made to those in attendance that:

Lists the applicable substantive criteria;

States that testimony and evidence must be directed toward the criteria described in A. of this subsection or other criteria in the plan or land use regulation which the person believes to apply to the decision; and

States that failure to raise an issue with sufficient specificity to afford the decision-maker and the parties an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue.

Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow the County to respond to the issue precludes an action for damages in Circuit Court.

205-3

Parties

205-3.1

The following persons, or their authorized representatives, may participate during the comment period or public hearing:

The applicant or applicant's representative and the owners of the subject property;

Those persons entitled to notice;

Any other person who demonstrates to the Review Authority that the person's rights may be adversely affected or aggrieved by the decision; and

At a public hearing on appeal, any person who made an appearance of record in the prior proceeding.

205-3.2

Only parties shall be entitled to appeal a decision. Only persons who make an appearance of record shall be parties to a Type I or Type III action. Only the applicant, persons who submitted written comments, persons entitled to notice of pending review, and the Community Participation Organization in which the subject property is located shall be deemed parties to a Type II action.

205-3.3

Appearance of record shall mean:

An oral statement made at the hearing sufficiently identifying the speaker and the speaker's address; or

A written statement giving the name and address of the maker of the statement and introduced into the record prior to or at the public hearing. A person's name and address on a petition introduced into the record constitutes an appearance of record.

(Ord. No. 828, § 2.C.(Exh. 1, § 5), 9-26-17, eff. 11-24-17)

205-4

Record

205-4.1

Absent mechanical failure or inadvertent error, a verbatim written or mechanical record of the hearing shall be made. In addition, written minutes giving a true reflection of the matters discussed and the views of the participants may be taken. Such minutes shall substitute for a verbatim record in the event of mechanical failure or inadvertent error.

205-4.2

Failure to comply with Section 205-4.1 shall not invalidate any action provided that a de novo appeal or other relief is available.

205-5

Procedural Rights

Subject to the specific standards and limitations set forth in this Code, the following procedural entitlements shall be provided at the public hearing:

205-5.1

A reasonable opportunity for those persons entitled to notice or who may be adversely affected or aggrieved by the decision to present evidence;

205-5.2

A reasonable opportunity to cross-examine witnesses, including staff, provided that right is asserted at the first reasonable opportunity. Staff similarly shall be entitled to reasonable cross-examination of witnesses. The decision to allow cross-examination shall be at the discretion of the Hearings Officer;

205-5.3

A reasonable opportunity for rebuttal of new material;

205-5.4

An impartial Review Authority as free from potential conflicts of interest and pre-hearing ex-parte contacts as reasonably possible. It is recognized, however, that the public has a countervailing right of free access to public officials:

Review Authority members shall disclose the substance of any significant pre-hearing ex-parte contacts with regard to the matter at the commencement of the public hearing on the matter. The member shall state whether the contact has impaired the impartiality or ability of the member to vote on the matter and shall participate or abstain accordingly.

A member of the Review Authority shall not participate in any proceeding or action in which any of the following has a direct or substantial financial interest: The member or the member's spouse, brother, sister, child, parent, father-in-law, mother-in-law, partner, any business in which the member is then serving or has served within the previous two years, or any business with which the member is negotiating for or has an arrangement or understanding concerning prospective partnership or employment. Any actual or potential interests shall be disclosed at the meeting of the Review Authority where the action is being taken.

Disqualification of a Review Authority member due to contacts or conflict may be ordered by a majority of the members present and voting. The person who is the subject of the motion may not vote.

If all members abstain or are disqualified, the administrative rule of necessity shall apply. All members present who declare their reasons for abstention or disqualification shall thereby be requalified to act.

Staff may confer with the Hearings Officer after the close of the record on technical review or procedural matters, but may not engage in argument or present additional evidence.

205-6

Presentations

205-6.1

The Review Authority may set reasonable time limits for oral presentations. The Review Authority may determine not to receive cumulative, repetitious, immaterial, derogatory or abusive testimony. Persons may be required to submit written testimony in lieu of oral if the Review Authority determines that a reasonable opportunity for oral presentations has been provided.

205-6.2

No testimony shall be accepted after the close of the public hearing unless the Review Authority sets a deadline for such testimony and provides an opportunity for review and rebuttal prior to making a decision.

205-6.3

Counsel for the Review Authority may be consulted solely on legal issues without reopening the public hearing. Objections alleging that counsel is discussing or testifying as to factual matters shall be heard at the discretion of the Review Authority.

205-6.4

The presiding officer shall preserve order at all public hearings and shall decide questions of order subject to a majority vote of the Review Authority. Persons who become disruptive or abusive may be ejected from the hearing.

205-7

Continuance

205-7.1

All documents or evidence relied upon by the applicant shall be submitted to the local government and be made available to the public. If additional documents or evidence are provided by any party, the Review Authority may allow a continuance or leave the record open for at least seven days to allow the parties a reasonable opportunity to respond. Any continuance or extension of the record requested by the applicant shall result in a corresponding extension of the time limitations of ORS 215.428.

205-7.2

Prior to the conclusion of the initial evidentiary hearing, any participant may request an opportunity to present additional evidence or testimony regarding the application. The Review Authority shall grant such request by continuing the public hearing or leaving the record open for additional written evidence or testimony pursuant to Subsection B below.

If the Review Authority grants a continuance, the hearing shall be continued to a date, time and place certain at least seven days from the date of the initial evidentiary hearing. An opportunity shall be provided at the continued hearing for persons to present and rebut new evidence and testimony. If new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing, that the record be left open for at least seven days to submit additional written evidence or testimony for the purpose of responding to the new written evidence.

If the Review Authority leaves the record open for additional written evidence or testimony, the record shall be left open for at least seven days. Any participant may file a written request with the Review Authority for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed, the Review Authority shall reopen the record and any person may raise new issues which relate to the new evidence, testimony or criteria for decision-making which apply to the matter at issue.

A continuance or extension granted pursuant to Section 205-7 shall be subject to the limitations of ORS 215.428 unless the continuance or extension is requested or agreed to by the applicant.

Unless waived by the applicant, the Review Authority shall allow the applicant at least seven days after the record is closed to all other parties to submit final written arguments in support of the application. The applicant's final submittal shall be considered part of the record, but shall not include any new evidence.

205-7.3

For the purposes of Section 205-7:

Argument. Means assertions and analysis regarding the satisfaction or violation of legal standards or policy believed relevant by the proponent to a decision. Argument does not include facts.

Evidence. Means facts, documents, data or other information offered to demonstrate compliance or noncompliance with the standards believed by the proponent to be relevant to the decision.

205-8

Evidence

205-8.1

The Review Authority may place any person submitting testimony under oath or affirmation. Once sworn or affirmed, all testimony subsequently given by the person during the hearing or a continuation thereof shall be deemed to be under oath.

205-8.2

Cumulative, repetitious, immaterial or irrelevant evidence may be excluded. Evidence shall be admissible if it is of a type commonly relied upon by reasonable and prudent persons in the conduct of serious affairs. Evidence may be received subject to a later ruling regarding its admissibility. Erroneous admission or evidence shall not invalidate or preclude action unless shown to have prejudiced the substantial rights of a party.

205-8.3

Members of the Review Authority may take official notice of judicially cognizable facts of general, technical or scientific facts within their specialized knowledge. Such notice shall be stated and may be rebutted.

205-8.4

Exhibits shall be marked to provide identification upon review. Unless required for an appeal, all exhibits shall be retained by the County for a period of not less than 30 calendar days after expiration of all appeals. Exhibits may be disposed of as provided by the Director.

205-8.5

Any member of the Review Authority may visit the subject property and may use information gained to reach a decision, provided the information relied upon is disclosed and an opportunity to rebut provided.

206 - BURDEN OF PROOF

206-1

Except as otherwise provided, the applicant shall bear the burden of proof that the proposal is in compliance with the applicable standards. In addition, evidence of mistake in adoption of the plan designation or development regulations or subsequent change in the affected area are relevant considerations.

206-2

Unless specifically identified as jurisdictional, failure to comply with a provision of this Article shall invalidate an action only if it prejudices the substantial rights of the person alleging the error. Persons alleging procedural error shall have the burden of proof as to whether the error occurred and whether the error has prejudiced the person's substantial rights.

207 - DECISION

207-1

Decision Types

After review of all evidence submitted into the record the Review Authority may:

207-1.1

Approve or deny all or part of the application;

207-1.2

Approve all or part with modifications or conditions of approval as described in Section 207-5;

207-1.3

Defer a decision as provided in Section 207-6;

207-1.4

Dismiss without prejudice due to procedural error or remand to correct a procedural error.

207-2

Announcement of Decision

No decision is final for the purposes of reconsideration or appeal until it has been reduced to writing and signed by the Review Authority or its designee. If a public hearing has been held, the Review Authority may announce a tentative decision at the close of the public hearing, but shall in any case announce a date certain on which the decision shall be adopted or issued. If no public hearing has been held, the decision shall be announced in writing and made available to all parties as simultaneously as reasonably possible.

207-3

Basis for Decision

An approval or denial of a development action shall be based upon substantial evidence in the record that addresses the pertinent standards and criteria set forth in the applicable provisions of state law, the Comprehensive Plan, this Code and other applicable laws as determined by the Review Authority.

207-4

Findings and Conclusions

The Review Authority shall provide brief and concise findings of fact, conclusions of law and an order for all development approvals, conditional approvals or denials. The findings and order shall set forth the criteria and standards considered relevant to the decision, state the facts relied upon and briefly indicate how those facts support the decision. In the case of denial, it shall be sufficient to address only those standards upon which the applicant failed to carry the burden of proof or, when appropriate, the facts in the record that support denial.

207-5

Conditions of Approval

207-5.1

The Review Authority may impose conditions on any Type II or III development approval. Such conditions shall be designed to protect the public from potential adverse impacts of the proposed use or development or to fulfill an identified need for public services within the impact area of the proposed development. Conditions shall not restrict densities to less than that authorized by the development standards of this Code.

207-5.2

In addition to conditions imposed pursuant to Section 207-5.1, a condition is valid and enforceable when the applicant has:

Requested the condition;

Consented to the condition in writing or on the record; or

Established or commenced the development or use (other than a valid nonconforming use) prior to approval; or

Submitted graphics or other application materials that were reviewed and approved by the Review Authority; the application must substantially comply with the application materials except as modified by the Review Authority.

207-5.3

Contract for Conditions:

When the approval requires a contract, conditions shall be set forth in a contract executed by the County and the applicant and approved as to form by legal counsel for the County. If a contract is required, no development permit shall be effective until the conditions are recorded. As a condition of approval, the County may require that the contract or a memorandum thereof be filed in the Department of Assessment & Taxation, Recording Division and shall appear in the chain of the title of the subject property, if recording is required. In addition to any personal remedy, the condition shall constitute a burden running with the land in favor of Washington County and, unless otherwise provided, shall be removed only with the written authorization of the Board of Commissioners. The contract shall be enforceable by and against the parties, their heirs, successors and assigns. The contract, however, shall not restrict the authority of Washington County from taking future development actions affecting the property.

207-5.4

Assurance of Compliance with Conditions:

A bond, cash deposit or other security acceptable to the Review Authority may be required from the applicant in an amount sufficient to ensure compliance with a condition of approval.

207-5.5

Time Limits on Conditions:

Conditions shall be fulfilled within the time limitations set forth or a reasonable time if no time limitations are specified. Failure to fulfill a condition within said time may result in initiation of revocation of the approval, citation or such other enforcement action as the County deems appropriate.

207-5.6

Failure to Fulfill Previous Conditions:

Notwithstanding any other provision, the Review Authority shall refuse to issue an approval with conditions, and deny an application, upon a determination that the applicant, or any officer, or principal of the applicant, willfully has failed to fulfill conditions of approval imposed in any previous development action and a determination that such a decision would encourage compliance or is necessary to protect the public from future noncompliance.

207-5.7

Modification or Removal of Conditions:

Modification or removal of conditions of approval may be sought on appeal or as a new development action. A new development action shall be processed through the same procedure as was used to impose the conditions. Modification or removal of conditions of approval shall only be granted if the Review Authority determines that:

The applicant or owner has demonstrated that a mistake of law or fact occurred, and that the mistake was substantial enough to warrant modification or removal of conditions to correct the mistake; or

The condition(s) could not be implemented for reasons beyond reasonable control of the permit holder and the modification will not require a significant modification of the original decision; or

The circumstances have changed to the extent that the condition(s) is no longer needed or warranted; or

The different condition(s) would better accomplish the purpose of the original condition.

207-6

Continuances by Planning Commission

207-6.1

The Planning Commission may continue the public hearing and defer a decision to a date certain. No new notice is required for hearings continued to a date certain. Any deferral to a date certain that exceeds 30 days without consent of the applicant shall be in the form of an order setting forth the reasons for deferral. Such a deferral may be treated as a denial by the applicant for purposes of reconsideration and appeal if the applicant files a petition for review within 14 calendar days of written notice of the deferral.

207-6.2

An indefinite deferral shall require new notice to all persons identified in Section 204. An indefinite deferral without the consent of the applicant shall be in the form of an order setting forth the reason for deferral and may be treated by the applicant as a denial for purposes of reconsideration and appeal if the applicant files a petition for review within 14 calendar days of written notice of the deferral.

208 - RECONSIDERATION OF DIRECTOR, HEARINGS OFFICER OR PLANNING COMMISSION DECISIONS

208-1

Reconsideration as Extraordinary Remedy

Reconsideration of a Type I decision on a development action or Type III quasi-judicial plan amendment decision is available only as an extraordinary remedy upon a determination by the Review Authority that:

208-1.1

The party requesting reconsideration has sufficiently alleged in writing that a mistake of law or fact occurred;

208-1.2

The alleged mistake, if found to have occurred, was a substantial factor in the decision; and

208-1.3

Reconsideration is appropriate to avoid delay or hardship which may be caused by an appeal.

208-2

Motion for Reconsideration

A motion for reconsideration must be filed with the Director within seven calendar days of the date the notice of decision is provided. The motion shall address the factors set forth in 208-1 above. The applicable fee adopted by the Board of Commissioners shall be submitted with the request.

A motion for reconsideration may be filed by the applicant, the Director, or a party of record.

208-3

Motion for Reconsideration Does Not Stop Appeal Period From Running

Filing a motion for reconsideration is not a precondition to appealing the decision and does not stay the deadline for filing an appeal. To preserve the right to appeal, a party must file a petition for review as provided in Section 209. If the initial Review Authority grants reconsideration, and ultimately rules in favor of the party filing for reconsideration, the party may terminate its appeal.

208-4

Motion for Reconsideration as Nonpublic Hearing Item

Motions seeking reconsideration of a Type III quasi-judicial plan amendment decision shall be summarily decided by the Review Authority as a nonpublic hearing item at the first reasonably available opportunity. For a Type I decision, within seven calendar days, the Director shall issue a written notice of the decision to grant or deny the motion for reconsideration to the party requesting reconsideration. The decision as to whether to reconsider is not subject to appeal.

208-5

Process for Reconsideration

208-5.1

Upon granting the motion to reconsider a Type III quasi-judicial plan amendment decision, the Review Authority shall schedule and notify the parties of a new public hearing on the merits of the issues raised. The reconsideration of the decision shall be limited to the issues raised in the motion for reconsideration and the merits of the issues raised. Such hearing shall be held at the next reasonably available opportunity.

208-5.2

Upon granting the motion to reconsider a Type I decision, the Director shall notify the parties of the reconsideration of the application on the merits of the issues raised. The reconsideration of the decision shall be limited to the issues raised in the motion for reconsideration and the merits of the issues raised. The review shall be done at the next reasonably available opportunity.

208-6

Reconsideration and Appeals

If the motion for reconsideration is denied or the decision is not altered upon reconsideration, any appeal timely filed shall be processed in accordance with Section 209. If the motion is granted and the Review Authority modifies the previous decision, the parties to the initial decision shall be notified within ten days of the decision and may appeal the decision as modified pursuant to Section 209.

208-7

Limited Reconsiderations

No decision shall be reconsidered more than once.

209 - APPEALS

209-1

Decision

A decision of the Review Authority for quasi-judicial plan amendments may be appealed within 14 calendar days after written notice of the decision is provided to the parties. Appeals for a Middle Housing Land Division are not addressed in Section 209—See Section 606. A decision by the Review Authority for all other development actions pursuant to Section 209-2 may be appealed within 12 calendar days after written notice of the decision is provided to the parties when:

209-1.1

A party files a complete petition for review with the Director;

209-1.2

The Director files a complete petition for review; or

209-1.3

The Board of Commissioners by Minute Order directs that an appeal be initiated. The grounds for directing an appeal shall be set forth in the Minute Order.

(Ord. No. 890A, § 2.A.(Exh. 1, § 5.), 2-7-23, eff. 3-9-23)

209-2

Appeal Authority

209-2.1

Type I or II Actions

The Hearings Officer or Planning Commission as designated by Resolution and Order of the Board shall hear appeals from Type I and II decisions of the Director. The Hearings Officer or the Planning Commission shall be the final decision-maker for the County on appeals of the final decision of the Director for Type I or II actions.

209-2.2

Type III Actions

The Board of Commissioners shall hear appeals of decisions of the Planning Commission for Type III quasi-judicial plan amendments. The Board shall be the final decision-maker for the County on appeals of these actions.

For other Type III development actions, the Hearings Officer or the Planning Commission shall be the final decision-maker for the County, except in cases where the decision under appeal was issued by the Board.

(Ord. No. 822A, § 2.C.(Exh. 3, § 3), 10-17-17)

209-3

Petition for Review

209-3.1

A petition for review shall contain the following:

The name of the applicant and the County case file number;

The name and signature of each petitioner and statement of the interest of each petitioner to determine party status. Multiple parties may join in filing a single petition for review, but each petitioner shall designate a single contact representative for all contact with the department. All department communications regarding the petition, including correspondence, shall be with this contact representative;

The date that notice of the decision was sent as specified in the notice;

The nature of the decision and the specific grounds for appeal. Unless otherwise directed by the appellate authority, the appeal of Type I and III decisions shall be limited to the issue(s) raised in the petition;

The number of pages of the petition and a statement that all pages are present; and

A statement setting forth the appeal fee specified in the Notice of Decision;

209-3.2

The petition for review shall be submitted with the appeal fee specified in the Notice of Decision to be paid by cash, check or money order;

209-3.3

In quasi-judicial plan amendment appeals to the Board, a request for a partial or full de novo hearing as provided in Section 209-5.4, if desired;

209-3.4

In quasi-judicial plan amendment appeals to the Board, a request for waiver of transcript preparation as provided in Section 209-4.1 if desired; and

209-3.5

Failure to file a petition for review with the Department of Land Use & Transportation by the end of the department's business day on the due date, with the fee specified in the Notice of Decision, shall be a jurisdictional defect. Failure to amend a petition to correct any other identified deficiency within 14 calendar days of notice thereof shall be a jurisdictional defect.

209-4

Transcript Requirements for Appeals of Quasi-Judicial Plan Amendment Decisions

209-4.1

A transcript shall be prepared for all quasi-judicial plan amendment appeals of public hearing items unless waived by Minute Order of the Board. A transcript shall not be required for any other type of appeal to the Board. The Board may choose to waive the transcript requirement for quasi-judicial plan amendments only if:

The hearing is de novo; or

Waiver is consented to by all parties, and the Board, by Minute Order, determines that the issues raised in the petition are such that the usefulness of a transcript is outweighed by the cost, delay or hardship of preparing the transcript.

209-4.2

Unless and until the Board approves a request for waiver of a transcript pursuant to Section 209-4.1, the Director shall promptly provide the appellant with a written estimate of the cost for preparation of a transcript by the County. The appellant shall within 14 days of notification pay the estimated cost or notify the Director in writing that the appellant will prepare the transcript. The appeal may be dismissed if the appellant fails to pay the cost for preparation of a transcript unless the Board approves a request for waiver of transcript pursuant to Section 209-4.1.

209-4.3

In lieu of a transcript prepared by the County and payment of the required fee, the County shall allow any party to an appeal proceeding held on the record, at the party's own expense, to prepare a complete transcript of the public hearing by the Review Authority or a transcript of relevant portions of the hearing provided:

When a transcript is prepared for only relevant portions of the public hearing, all parties, including staff, shall agree and stipulate to the portions of the hearing that are relevant and should be transcribed. The transcript shall then be prepared for those stipulated portions of the hearing. If the parties cannot agree, then the preparer of the transcript shall prepare a complete transcript of the hearing. If the Board finds that a partial transcript would have been sufficient, the preparer shall be reimbursed by the party requesting preparation of a complete transcript for the cost of preparation of the unnecessary portions of the transcript.

The transcript shall be prepared within four weeks from the date that the Department provides the appellant with a written estimate of the cost of a Department prepared transcript pursuant to 209-4.2.

A Certificate of Typist shall be submitted with the completed transcript. The Certificate of Typist shall contain the following:

(1)

The name of the applicant and the County case file number;

(2)

The name of the person who provided the tape(s) of the hearing;

(3)

The number of pages of the transcript and that all pages are present; and

(4)

A sworn notarized statement that the transcript constitutes a true and accurate record of the complete or stipulated portions of the proceedings;

The appeal may be dismissed if the appellant fails to either pay the fee required by Section 209-4.2 or to provide a transcript and Certificate of Typist within the time prescribed in Section 209-4.3 B. and 209-4.3 C.

209-5

Nature of Hearing

209-5.1

All hearings on appeal shall be conducted as public hearings in accordance with Section 205.

209-5.2

Review of the final decision of the Director in Type II actions shall be de novo. At the public hearing of an appeal of a Type II action, participants shall be limited to the applicant, those who made the appeal and those persons that were entitled to be mailed a public notice of pending review of the Type II action pursuant to Section 204-3.1, and those who made written comments as prescribed in Section 202-2.3.

209-5.3

Appeal to the Board of all final decisions of the Hearings Officer shall be confined to the record except as provided in Section 209-5.8. Except as provided in Section 209-5.4 through Section 209-5.6, appeal to the Board of all final decisions of the Planning Commission on quasi-judicial plan amendments shall be confined to the record. The record shall include:

All materials received as evidence at any previous stage;

Verbatim Record:

(1)

For quasi-judicial plan amendments, unless waived by the Board, a verbatim record of the hearing below, in the form of audio recordings, together with a transcription thereof prepared pursuant to Section 209-4.2 or 209-4.3, or the minutes thereof if no verbatim record is available due to mechanical failure or inadvertent error.

(2)

In appeals of all other development actions, unless waived by the Board, a verbatim record of the hearing below in the form of audio recordings or the minutes thereof if no verbatim record is available due to mechanical failure or inadvertent error. However, a party may prepare all or a portion of the transcript for submission to the Board;

The findings and conclusions supporting the action being appealed; and

Oral and written argument from the parties as defined by Section 205-3.1, or their representatives presented during the hearing or appeal but not including new evidence.

209-5.4

A party, or the Director, may request that the Board conduct a de novo or partial de novo hearing for an appeal of a quasi-judicial plan amendment decision issued by the Planning Commission. The party filing the petition for review must make such a request as part of the petition. Any other party must make such a request no more than seven calendar days after the deadline for filing a petition for review has expired. When practicable, the requesting party shall advise the other parties and attempt to gain their consent. The request shall:

Reference the name, case number and date of the decision;

Contain the name and address of the requesting party;

Indicate the reasons for the request without addressing the merits of the land use action; and

Indicate any persons known to be opposed to the request.

209-5.5

The request for a de novo hearing for appeal of a quasi-judicial plan amendment decision issued by the Planning Commission shall be decided by the Board as a nonpublic hearing item, except that the Board may make such provision for notice to the parties and may take such testimony as it deems necessary to fully and fairly address significant procedural or substantive issues raised. The Board shall grant the request only upon findings that:

A de novo hearing is necessary to fully and properly evaluate a significant issue relevant to the proposed development action;

The substantial rights of the parties will not be significantly prejudiced; and

The request is not necessitated by improper or unreasonable conduct of the requesting party or by a failure to present evidence that was available at the time of the previous review.

209-5.6

Hearings before the Board of Commissioners on items on appeal, either on the record, partial de novo, or de novo hearings, shall have the following time limitations:

If the item is heard on the record, the appealing party will have 15 minutes to present his/her arguments. The opposition will have 15 minutes to present their arguments. The appealing party will also have five minutes for rebuttal.

For partial de novo hearings, the appealing party will have 20 minutes to present his/her arguments. The opposition will have 20 minutes to present their arguments. The appealing party will also have five minutes for rebuttal.

For a completely de novo hearing, the appealing party will have 30 minutes to present his/her arguments. The opposition will have 30 minutes to present their arguments. The appealing party will also have five minutes for rebuttal.

The Board Chairman retains the authority to allow additional time as he/she deems appropriate and only if the party requesting the additional time has delivered to the Director or County Administrator, at least one week in advance of the hearing, a written statement of the reasons for the request for additional time.

209-5.7

In conjunction with determining whether to conduct a de novo hearing for the appeal of a quasi-judicial plan amendment, the Board may remand the matter to the prior Review Authority. The decision on whether to remand shall not be appealable. Upon remand, the appealing party shall be entitled to return of the appeal fee less actual costs incurred by the County. Appeal from a decision on remand shall be taken as any other appeal.

209-5.8

Notwithstanding the above, on appeal of a quasi-judicial plan amendment, the Board may solicit or admit new evidence during a hearing on the record for the appeal of any decision, including decisions by the Hearings Officer, after considering the factors listed in Section 209-5.5.

209-5.9

Additional information on appeals is included under CDC Sections 211 and 212.

(Ord. No. 813, § 2.C.(Exh. 3, § 3), 8-23-2016, eff. 11-25-2016)

209-6

Decision of the Board

209-6.1

Decisions of the Board are governed by Section 207.

209-6.2

In addition to the decisions listed in Section 207-1, on appeal of a quasi-judicial plan amendment, the Board may remand consideration of the appeal of a quasi-judicial plan amendment to the prior Review Authority for further proceedings as the Board directs.

210 - RECONSIDERATION OF BOARD DECISION FOR THE APPEAL OF QUASI-JUDICIAL PLAN AMENDMENTS

210-1

The Board may reconsider a decision for appeal of a quasi-judicial plan amendment on its own motion or upon a petition for reconsideration filed by a party with the Director within seven calendar days after written notice of the decision is provided.

210-2

Filing a petition for reconsideration is not necessary to exhaust administrative remedies and perfect an appeal to a body of competent jurisdiction.

210-3

The motion or petition shall state the alleged errors necessitating reconsideration. A fee may be established by Resolution and Order.

210-4

The Board shall summarily decide whether to reconsider at the time the motion is made or at the next reasonably available regular Board meeting following filing of the petition. Reconsideration shall require the consent of three Commissioners.

210-5

If reconsideration is granted, the matter shall be scheduled for a public hearing before the Board at the next reasonably available hearing date. Notice of the hearing shall be sent by mail no later than 20 calendar days prior to the hearing to all persons who made an appearance of record below. The hearing shall be conducted as a hearing on the record and new evidence or testimony shall be limited to grounds upon which the motion or petition for reconsideration was granted.

210-6

No final decision shall be reconsidered by the Board more than once. If more than one petition for reconsideration is received in the seven calendar day period provided in Section 210-1, the petitions shall be consolidated.

211 - DATE OF FINAL DECISION

211-1

Decisions of the Director, the Hearings Officer or Planning Commission on an application shall be deemed final and effective upon expiration of the appeal period if no petition for review is filed within that time. Decisions of the Hearings Officer or Planning Commission on a Type III application, except on appeal of a Director decision on a Type I or II application, shall be deemed final and effective on the date notice of the decision was provided to the parties. Once final and effective, a decision cannot be appealed.

(Ord. No. 822A, § 2.C.(Exh. 3, § 4), 10-17-17)

211-2

Decisions of the Board on an application shall be deemed final as follows:

211-2.1

If no petition for reconsideration is timely filed, the decision shall be deemed final on the date notice of the decision was provided to the parties.

211-2.2

If a petition for reconsideration is filed and denied, the decision shall be deemed final on the date notice of the denial of reconsideration is provided to the parties.

211-2.3

If a petition is filed and reconsideration granted, the decision shall be deemed final on the date notice of the decision on the development, as reconsidered, is provided.

211-3

Only a final decision of the Board, or the Hearings Officer on decisions for which the Hearings Officer is the final decision-maker, is appealable to the Land Use Board of Appeals.

211-4

For purposes of appeals to LUBA, a written decision of the Director or Hearings Officer is final on the date it is signed.

212 - REMAND FROM APPELLATE BODIES

When an application may be remanded from an appellate body, such as the Land Use Board of Appeals, to the county for further proceedings, the Review Authority may decide whether the matter shall proceed before the Review Authority or a subordinate review authority, such as the Hearings Officer or Director. For applications where the decision of the Board was appealed, the Board shall decide at a regular meeting as a nonpublic hearing item whether the matter shall proceed before the Board or a subordinate review authority.

213 - VESTED RIGHTS

213-1

Through a Type III procedure, in the course of any County land use process, the Review Authority may decide whether a vested right exists.

213-2

Whether a vested right is found to exist shall be based on the consideration of the following factors as well as any guidance from the Oregon courts:

The ratio of expenditures incurred to the total cost of the project;

The good faith of the landowner;

Whether or not the landowner had notice of any proposed zoning or amendatory zoning before starting the improvements;

Whether the expenditures have any relation to the completed project or could apply to various other uses of the land;

The kind of project, the location, and ultimate cost; and

Whether the acts of the landowner rise beyond mere contemplated use or preparation, such as leveling of land, boring test holes, or preliminary negotiations with contractors or architects.

213-3

The County shall not decide an issue of whether a vested right exists unless it is associated with a Type I, II or III development action or a Type IV legislative process. Consideration of a vested right shall not occur unless a decision has been rendered by the County for the associated Type I, II or III development action or Type IV legislative process. The County will not consider subsequent requests to consider a vested right when the initial decision has expired. A vested right issue not associated with an accompanying Type I, II, III or IV action shall not be decided by the County and may be subject to the jurisdiction of the Circuit Court of the State of Oregon.
Once a determination has been made by the County that a vested right exists, the development must be completed pursuant to the vested development permit. The vested development permit shall be subject to the requirements of Sections 201-3, 201-4, 201-5, 201-7, and 201-8.

214 - IMPLEMENTATION OF MEASURE 37

214-1

Completeness

The Director may determine that an application is complete notwithstanding failure of the applicant to address a county land use regulation if the county previously decided to modify, remove or not apply the land use regulation for the subject property in response to a Measure 37 claim or demand.

214-2

Approval of Development Permit

Notwithstanding any other provision of this Code, the County may approve an application and development permit without the applicant having first demonstrated compliance with a County land use regulation provided that:

214-2.1

The owner of the property that is the subject of the development permit has obtained a decision from the County to modify, remove or not apply the county land use regulation as provided for by state law and any County implementing ordinance. The applicant shall be required to demonstrate compliance with the land use regulation as modified; or

214-2.2

The development permit is conditioned to prohibit any development until the property owner has obtained a decision to modify, remove or not apply the County land use regulation. If the land use regulation is modified, or if the claim or demand is denied as regards any land use regulation, the applicant must file an application and demonstrate compliance.

214-3

Condition of Approval

A development approval based on a decision to modify, remove or not apply a County land use regulation does not waive any requirement to comply with other land use regulations, including any other applicable law of the state or other entity. If the Review Authority concludes that a land use regulation continues to restrict or prohibit development of a property in a manner inconsistent with the County approval, the approval and development permit may be conditioned that no grading, building, occupancy or other similar permit shall be issued until the owner of the subject property provides proof that a decision has been made to modify, remove or not apply the regulation.

215 - CODE COMPLIANCE

215-1

No person shall engage in or cause to occur any development; erect, construct, reconstruct, alter, maintain, use or transfer any building or structure; or alter, use or transfer any land in violation of the Comprehensive Framework Plan including but not limited to this Development Code or the applicable Community Plan.

215-2

No building or development permit shall be issued unless it has first been determined whether there are existing violations on the property. A building or development permit may be denied where there is an existing violation or may include a condition addressing any existing violation. In addition to any other materials required by law, applications for building permits shall be accompanied by a valid development permit or a statement specifying the applicable exemption.

215-3

Prosecution of Violations

Violations of the Comprehensive Framework Plan including but not limited to this Development Code and any applicable Community Plan will be prosecuted as provided under Chapter 1.14 of the Washington County Code.

216 - VALIDATION OF AN UNLAWFULLY CREATED UNIT OF LAND

216-1

An application to validate a unit of land created by a sale that did not comply with the applicable criteria for creation of a unit of land may be approved through a Type II procedure if the unit of land:

Is not a lawfully established unit of land; and

Could have complied with the applicable criteria for the creation of a lawfully established unit of land in effect when the unit of land was sold.

216-2

Notwithstanding Section 216-1.B., an application to validate a unit of land under Section 216 may be approved if the county approved a permit for the construction or placement of a dwelling or other building on the unit of land after the sale. If the permit was approved for a dwelling, the dwelling must qualify for replacement under the criteria set forth in ORS 215.755 (1)(a) to (e).

216-3

The application for a permit for continued use of a dwelling or other building on a unit of land that was not lawfully established may be approved if:

The dwelling or other building was lawfully established prior to January 1, 2007; and

The permit does not change or intensify the use of the dwelling or other building.

216-4

An application to validate a unit of land is not subject to the minimum lot or parcel sizes established by ORS 215.780.

216-5

A unit of land becomes a lawfully established parcel when the owner of the unit of land causes a Standard Partition plat to be recorded within 90 days after the date the County validated the unit of land.

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

216-6

An application to validate a unit of land shall not be approved if the unit of land was unlawfully created on or after January 1, 2007.

216-7

Development or improvement of a parcel created under Section 216 must comply with the applicable laws in effect when a complete application for the development or improvement is submitted as described in ORS 215.427 (3)(a) or 227.178 (3)(a).

217 - DIRECTOR'S INTERPRETATION

217-1

Purpose

The purpose of the Director's Interpretation is to address uses that are not explicitly provided for in this Code, to provide further interpretation of terms or phrases within this Code, make initial determinations of conformity through a Development and Property Information (DPI) request, and provide guidance and documentation for future application of this Code.

In addition to this interpretation process, interpretations can be made by the Board pursuant to Resolution and Order 98-35. Revisions to public policy shall not be made through Board or Director's Interpretations of this Code. Policy revisions shall be considered through a Type IV legislative process as described in Section 202-4. Director's Interpretations shall be used to provide guidance for consistent application of Code standards. For Type II applications on appeal and Type III applications, the Hearings Officer may consider the Director's Interpretation and may use and incorporate the interpretation into its findings.

217-2

Applicability

The Director shall have the initial authority and responsibility to interpret all terms, provisions, and requirements of this Code.

217-3

Procedure

217-3.1

A Director's Interpretation may be initiated by:

The Director;

A property owner or property owner's representative where an interpretation specific to that owner's property is requested; or

Any person to obtain an interpretation of specific terms within this Code where the terms and its interpretation are unrelated to specific property.

217-3.2

An application for a Director's Interpretation shall be processed as a Type II procedure in accordance with Section 202-2.1 and 202-2.2 of this Code.

217-3.3

Notice of a Director's Interpretation shall be provided as set forth in Section 202-2.3 for an interpretation involving a specific property only.

217-3.4

Public notice of pending review of a Director's Interpretation shall be provided to all Community Participation Organizations (CPOs) as set forth in Section 204-3.1 C. of this Code for an interpretation that does not involve a specific property. Notice of decision shall be provided to all CPOs as set forth in Section 204-3.4 of this Code.

217-3.5

The Director may reject an application for a Director's Interpretation if:

The Director determines that the question presented can be decided in conjunction with a pending land use application, plan amendment, or land use permit; or

The Director determines that there is a compliance case pending in which the same issue will be decided.

217-3.6

When the Director determines that an application shall not be accepted, the fee submitted will be returned to the applicant less a processing fee.

217-3.7

The Director's decision to accept or not accept an application under Section 217 shall be the County's final decision.

217-3.8

The Review Authority may impose conditions on the Director's Interpretation.

217-3.9

Appeals shall be processed in accordance with Section 209 of this Code and shall be to the Hearings Officer.

(Ord. No. 828, § 2.C.(Exh. 1, § 6), 9-26-17, eff. 11-24-17)

217-4

Application Requirements

217-4.1

An application for a Director's Interpretation shall be submitted when one or more of the following apply:

The owner of the property or the property owner's representative is requesting an interpretation relating to the use of the owner's property.

A request has been made to the Director to provide a Development & Property Information (DPI) determination.

The interpretation of a specific term or terms within this Code is requested.

A determination of a similar use is requested.

217-4.2

An application shall be submitted on a form provided by the Director along with all application fees and evidence that a pre-application meeting has been held.

217-5

Determination of Similar Uses

When making determination of a similar use, the proposed use subject to the interpretation must be substantially similar to a use currently identified in the applicable district or in other sections of this Code.

217-6

Expiration

A Director's Interpretation shall not expire unless superseded by a subsequent Director's Interpretation or change to this Code.

Washington County Unincorporated
City Zoning Code

ARTICLE II

PROCEDURES

200 - INTRODUCTION

This Article establishes the procedures to be used in reviewing and taking action on development proposals.

(Ord. No. 890A, § 2.A.(Exh. 1, § 3.), 2-7-23, eff. 3-9-23)

201 - DEVELOPMENT PERMIT

201-1

Permit Required

(Ord. No. 845, § 2.A.(Exh. 1, § 2), 4-2-19, eff. 5-2-19)

201-2

Exclusions from Permit Requirement

201-2.1

Landscaping outside the floodplain and not involving a structure or parking lot.

201-2.2

Any change or repair to a building or other structure that does not alter or expand the use thereof, and, except as permitted by Section 440-2, does not require a building permit.

201-2.3

Erection of a tent for a lawful use not exceeding 10 days in any 30-day period.

201-2.4

201-2.5

201-2.6

Propagation or cutting of trees except:

As specified in Section 407-3;

Inside the UGB, trees located within a floodplain, drainage hazard area and/or Significant Habitat, which are subject to Section 421 and/or Section 422; or

Where the trees were designated for preservation in a prior development action or through the master planning process for a development.

201-2.7

201-2.8

201-2.9

201-2.10

There shall be no work in a floodplain, drainage hazard area or an area identified in the Rural/Natural Resource Plan as a significant natural resource;

A permit is obtained from the Department of Geology and Mineral Industries (DOGAMI) prior to commencing work; and

Access to the site from a public road shall comply with the sight distance standards of Section 501-8.5 F.

201-2.11

The following structures accessory to a residential use:

Playground equipment and structures;

Stone or brick barbecues;

Clotheslines;

Treehouses, playhouses and storage sheds less than 120 square feet in area;

Arbors and trellises;

Dog houses totaling no more than 50 square feet;

Hutches for rabbits and other small animals totaling no more than 50 square feet;

Houses for wild or domestic birds totaling no more than 50 square feet;

Basketball hoops, tetherball poles and other permanently mounted sports equipment;

Above-ground swimming pools, hot tubs and spas with no permanent plumbing or electrical connections.

201-2.12

Excavations below finish grade for basements and footings of a building, retaining wall or other structure authorized by a valid development or building permit;

Cemetery graves;

Excavations for wells, tunnels or utilities;

Excavations or fills for public projects conducted by or under contract of the county;

Exploratory excavations affecting or disturbing areas less than 6,000 square feet in size, under the direction of soil engineers or engineering geologists;

Access roads developed to support forest-related activities, agricultural crop production or grazing activities, where the roads:

(1)

Are located on property used for an interim agricultural or forest use;

(2)

Are solely for providing access to water supplies, equipment or supply storage areas, livestock grazing areas, producing fields or orchards, or fence lines;

(3)

Do not create a cut or fill greater than three feet in height visible from a public road;

(4)

Are 16 feet or less in width;

(5)

Do not divert drainage onto or cause increased erosion on adjacent properties; and

(6)

Do not discharge or threaten to discharge silt onto adjacent properties or into streams shown on the latest USGS seven and one-half minute topographic quadrangle map;

Accepted farm practices, as defined in ORS 215.203, such as preparation of land for cultivation and not including grading for roadwork or pads for structures are subject to all of the following:

(1)

No piping of drainages serving off-site properties;

(2)

If fill is proposed, finished grade is no higher than adjacent property at the property line, or fill or excavation area is outside the district setbacks;

(3)

(4)

(5)

Fill material does not contain hazardous or contaminated substances, putrescibles or material such as asphalt, concrete or tires;

(6)

Compliance with OAR 603-095 (Agricultural Water Quality Management Program);

(7)

All grading activities must be completed within one calendar year of commencing grading and the graded area returned to farm use;

(8)

Except for nursery farms, imported fill material shall not exceed 5,000 cubic yards;

(9)

Charging a fee to place fill is not allowed.

An excavation which is less than two feet in depth, or which does not create a cut slope greater than five feet in height and steeper than one and one-half horizontal to one vertical;

Imported fill which does not exceed150 cubic yards on any one lot or parcel placed, in a single year, on natural terrain and does not obstruct a drainage course, and where the fill will be:

(1)

Less than one foot in depth and placed on natural slope flatter than five horizontal to one vertical; or

(2)

Less than three feet in depth when not intended to support structures.

Underground pipes and conduits except where such pipes or conduits would introduce an urban service outside the Urban Growth Boundary, in accordance with Section 430-105.6;

Farm related pipes, including but not limited to irrigation and drainage pipes, and necessary accessory structures, such as pumps.

201-2.13

201-2.14

Family day care provider as defined in Section 106-78, except in the EFU, EFC, AF-20, AF-10, AF-5, RR-5, Industrial, R-IND and MAE Districts.

201-2.15

Emergency or routine repairs or maintenance of a lawfully established communication tower or antenna.

201-2.16

Transportation improvements required to fulfill a condition of approval of a development action.

201-2.17

201-2.18

Except in the EFU, EFC and AF-20 Districts, a home occupation which meets the standards for a Type I home occupation set forth in Section 430-63 but involves no customers entering the premises;

201-2.19

Child care provided at a public or private school for before and/or after school care exclusively for students affiliated with the school.

201-2.20

Direct sale of farm crops as described in ORS 215.203 when a building permit is not required.

201-2.21

In the EFU, EFC and AF-20 Districts, boarding or training of horses for profit, subject to compliance with the standards in Section 430-21.

201-2.22

Shelter home, as defined in ORS 409.290(5), in the R-5, R-6, R-9, R-15 and R-24 Districts provided it is in an existing dwelling and on a lot that is at least 15,000 square feet in size.

201-2.23

201-2.24

Utility facilities in the EFU and AF-20 Districts:

(1)

A public right-of-way;

(2)

Land immediately adjacent to a public right-of-way, provided the written consent of all adjacent property owners has been obtained; or

(3)

The property to be served by the utility.

201-2.25

In the EFU and AF-20 Districts, on-site filming and activities accessory to on-site filming for less than 45 days - See ORS 215.306 for standards.

201-2.26

201-2.27

Private hunting and fishing operations in the EFC District which do not constitute development as defined in Section 106-57.

201-2.28

Annexation, boundary changes, or extraterritorial extensions pursuant to ORS 198 and 199.

201-2.29

201-2.30

The following telecommunication facilities located in the public road right-of-way:

Small wireless facilities, as defined in Section 430-109.2, subject to the following:

(1)

(2)

(3)

(4)

Service providers shall provide to the roadway authority copies of all plans and elevation schematics for purposes of maintaining an accurate inventory of these exempt facilities;

(5)

Notwithstanding Sections 201-2.30(1), (3), and (4), reflective elements may be allowed when determined necessary by the applicable roadway authority;

(6)

All applicable county, state and federal right-of-way and/or building permits;

(7)

Except as exempt under Sections 201-2.30, 201-2.31 or 430-109.3, telecommunication facilities and associated equipment are subject to review under CDC Section 430-109; and

(8)

Abandonment - Section 430-109.11.

(1)

All requirements of 201-2.30 A. above; and

(2)

201-2.31

201-2.32

201-2.33

Mobile food site that complies with all of the following standards:

Sites hosting any number of mobile food units for 12 or fewer hours within a 24-hour period. Mobile food units cannot be stored on-site;

Each mobile food unit is entirely self-contained with no connections to on-site utilities;

Mobile food units(s) are not occupying or obstructing pedestrian walkways, loading areas, driveways, drive aisles, bicycle parking areas, or emergency vehicle access;

The site is located in the NC, OC, CBD, GC, IND, INST, R-COM, TO:RC, TO:EMP, TO:BUS, NCC NB, or NCMU NB Districts, or is in conjunction with an existing permitted institutional use; and

No modifications are made to the development site, including surface modifications and vegetation removal.

201-2.34

Temporary hosting/shelter location for homeless persons and/or households in a habitable institutional building that is not typically used as a residence, subject to the following:

No more than 20 homeless persons hosted at one time;

Hosting is limited to 10 consecutive days, and a cumulative total of 60 days per calendar year;

Must include accessible restroom facilities, including at least one restroom that meets ADA requirements;

Temporary shelter that includes overnight accommodations/sleeping spaces must have an accessible emergency exit.

201-2.35

A storage facility is placed on-site for program participants to store personal items, such that the items are not visible from public rights-of-way;

Maximum number of vehicles for camping use that will be on-site simultaneously is three unless otherwise provided in Oregon Revised Statute and program rules;

Parking spaces used for vehicle camping, and storage and sanitary facilities, are located:

No less than 10 feet from property lines of the subject site; and

Storage and sanitary facilities are no less than 20 feet from the property line of any off-site residential use; and

Vehicle camping does not occupy pedestrian walkways, fire lanes or other emergency access areas, or areas needed for corner vision (Section 418-3) or sight distance (Section 501-8.5 F.).

201-3

Issuance and Effective Date

201-3.1

The development permit shall be effective upon the expiration of any local appeal period. For the final decision of the County, the development permit shall be effective upon issuance.

201-3.2

201-3.3

201-4

Expiration

201-4.1

The development permit is revoked as provided for in Section 201-7 or as otherwise invalidated by a body of competent jurisdiction; or

An application for an extension is filed pursuant to Section 201-5; or

The development has commenced as provided in Section 201-6.

201-4.2

Replacement Dwellings in the EFC District;

Non-Farm Dwellings in the EFU and AF-20 Districts;

Marginal Lands Dwellings in the AF-20 District;

Lot of Record, Large Ownership and Template Dwellings in the EFC District; and

Caretaker residences for public parks and public fish hatcheries.

201-4.3

201-4.4

A development permit for a solar access permit shall expire automatically if construction is abandoned or suspended for a period of 180 days or more as provided in Section 427-5.7 B.

201-4.5

Section 201-4 does not apply to development permits for public transportation facilities authorized by Article VII.

201-4.6

In the EFU and AF-20 Districts, an approved deferred replacement permit pursuant to Section 430-8 allows the construction of a replacement dwelling at any time.

(Ord. No. 877A, § 2.A.(Exh. 1, § 1.), 10-11-21, eff. 11-10-21; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

201-5

Extension

201-5.1

Extension in all Districts Except the EFU, AF-20 and EFC Districts

201-5.2

Extension in the EFU, AF-20 and EFC Districts

The applicant was unable to begin or continue development during the approval period for reasons for which the applicant was not responsible;

The request for extension is not sought for purposes of avoiding any responsibility imposed by this Code or the permit; and

There has been no change in circumstances or the law likely to necessitate significant modification of the development approval or conditions of approval.

201-5.3

Extension of Certain Dwelling Approvals in the EFU, AF-20 and EFC Districts

In addition to an extension allowed by A. above, up to five one-year extensions may be subsequently approved when:

(1)

The applicant makes a written request for the additional extension prior to the expiration of the previous extension.

(2)

(3)

No changes in state administrative rule or CDC regulations applicable to the permit have occurred since the permit was approved, aside from that noted in (2) above, unless allowed by the County.

(Ord. No. 877A, § 2.A.(Exh. 1, § 1.), 10-11-21, eff. 11-10-21)

201-6

When a Development has Commenced

201-6.1

201-6.2

Type I decision:

The authorized development has commenced when the holder of the permit has:

(1)

(2)

Such alteration or change is directed toward completion of applicable Code standards or Conditions of Approval for the development; and

(3)

(4)

201-6.3

Type II decision:

The authorized development has commenced when the holder of the permit has:

(1)

(2)

Such alteration or change is directed toward completion of the development; and

(3)

(4)

201-6.4

(Ord. No. 813, § 2.C.(Exh. 3, § 2), 8-23-2016, eff. 11-25-2016; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

201-7

Revocation of Development Permit

201-7.1

Revocation shall be processed as a Type I action. A development permit may be revoked upon a finding of:

Noncompliance with the standards or conditions set forth in this Code, or any special conditions imposed upon the permit;

Intentional fraud, misrepresentation or deceit upon the part of the applicant as to an issue material to the issuance of the development permit;

201-7.2

201-7.3

The holder of a revoked permit may reapply for a new permit at any time as an entirely new application.

201-7.4

Revocation is available in addition to and not in lieu of any other remedy provided by law and is not a condition precedent to any such remedy.

201-8

Transferability of Development Permit

202 - PROCEDURE TYPES AND DETERMINATION OF PROPER PROCEDURE

(Ord. No. 890A, § 2.A.(Exh. 1, § 4.), 2-7-23, eff. 3-9-23)

202-1

Type I

202-1.1

202-1.2

The following are Type I actions:

Those identified in this Code as Type I actions;

Notwithstanding any other provision, structures or uses proposed to implement an approved Planned Development, if consistent with the approval:

(1)

For purposes of this Section, consistency shall mean that the use or development was contemplated by and conforms with the prior approval.

(2)

(3)

202-1.3

202-2

Type II

202-2.1

202-2.2

The following are Type II actions:

Those identified in this Code as Type II;

In the EFU, EFC and AF-20 Districts, development or uses specifically allowed by ORS 215.203 and ORS 215.213, or OAR 660, Division 6 or 33, may be determined by the Director to be allowed.

202-2.3

202-3

Type III

202-3.1

202-3.2

The following are Type III actions:

Those identified in this Code as Type III;

Quasi-judicial plan amendments.

202-3.3

Decisions on Type III actions may be appealed pursuant to Sections 209, 210, 211, and 212.

202-4

Type IV

202-4.1

202-4.2

Type IV actions are made through adoption of County ordinances.

202-4.3

Unless specifically provided otherwise, the procedures of this Article do not apply to legislative action which shall be adopted in accordance with the Washington County Charter and State law.

202-5

Determination of Proper Procedure Type

202-5.1

202-5.2

202-5.3

202-5.4

203 - PROCESSING TYPE I, II AND III DEVELOPMENT ACTIONS

203-1

Initiation and Withdrawal of Action

203-1.1

Type I, II and III development actions may be initiated only by:

The Board of Commissioners;

The Planning Commission;

The Director; or

Public agencies or private entities that have statutory rights of eminent domain for projects they have the authority to construct.

203-1.2

Director Withdrawals

(1)

(2)

No existing violation of this Code or the Comprehensive Plan, which might best be cured by further processing the application, have been identified on the subject property.

Applications for quasi-judicial plan amendments that are not made complete within 180) days shall be withdrawn by the Director on the 181st day after first being submitted.

203-1.3

203-1.4

Fees for applications and petitions for review withdrawn at the request of the applicant shall be refunded, less the actual costs incurred by the County.

203-2

Pre-Application Conference

203-2.1

No application for a Type II or Type III development action shall be received by the Director unless the applicant or the applicant's representative has:

Attended a pre-application conference; or

Signed a waiver, on a form prepared by the Director, waiving the pre-application conference requirement.

203-2.2

203-2.3

Pre-application conferences shall be scheduled by the Director at the earliest reasonable time.

203-2.4

As soon as practicable, the Director shall provide the applicant or representative with a written summary of the meeting.

203-2.5

203-3

Neighborhood Meeting

203-3.1

Intent and Purpose:

203-3.2

The The following application types shall be subject to the neighborhood meeting requirements:

Inside the UGB:

- Partitions, except Middle Housing Land Divisions;

- Subdivisions, except Middle Housing Land Divisions;

- Type III Special Uses;

- Type II Manufactured Dwelling Parks;

- Type II Adjustment - (Article V only);

- Type III Variances;

- Type II Alterations to a Nonconforming Use or Structure (Sections 440-6.2 A.(2) and 440-6.2 B.);

- Residential Planned Developments;

- Type II or III Development Review - Commercial, Industrial, or Institutional (required only when the parcel subject to the application is within 125 feet of a Residential District).

Outside the UGB:

- Standard Subdivisions - when greater than 10 lots;

- Type III Special Uses;

- Type II New Quarry applications;

- Type III Variances;

- Type II Alterations to a Nonconforming Use or Structure (Sections 440-6.2 A.(2) and 440-6.2 B.);

- Type II Adjustment - Lot area only;

- Type II or III Development Review - Rural Commercial, Rural Industrial, MAE (required only when the proposal abuts the AF-5, AF-10, or RR-5 District).

203-3.3

Neighborhood Meeting Requirements

203-4

Application

203-4.1

Applications for development actions shall be submitted in accordance with the format and upon such forms as may be established by the Director.

203-4.2

A current Washington County tax map(s) showing the subject property(ies);

Current county tax maps showing all properties in an adjoining county that are:

(1)

Within 500 feet of the subject property(ies) in the Urban area; or

(2)

Within 1,000 feet of the subject property(ies) in the Rural area.

The tax maps shall be obtained from the adjoining county;

Documentation of the names and addresses of the owners of record of the properties described in C above recorded with the Department of Assessment & Taxation of the adjoining county;

Documentation of whether a railroad-highway crossing provides or will provide the only access to the subject property.

Additional information required by other provisions of this Code, including applicable standards and requirements of the Comprehensive Plan as specified by this Code;

Evidence of compliance with the Neighborhood Meeting requirements required by Section 203-3, if required;

The applicable fees adopted by the Board of Commissioners are hereby incorporated by reference as the fees herein. These fees may be amended by Resolution and Order by the Board; and

203-5

Application Submittal and Acceptance

203-5.1

203-5.2

No application shall be received by the Department for determination of completeness without the appropriate application fee.

203-5.3

APPLICATION	INSIDE THE UGB	OUTSIDE THE UGB
Type II and III, except as noted below	120 days	150 days
Certain multi-dwelling developments that include affordable housing, as outlined in ORS 197.311(3)	100 days	N/A
Mineral and Aggregate uses governed by Section 379	120 days