Chapter 19.25
BOARD OF COMMISSIONERS REVIEW PROCEDURES
Sections:
19.25.030 Public hearing and notice.
19.25.040 Review and decision.
19.25.010 Purpose.
The purpose of Board of Commissioner review procedures is to hear and resolve appeals from decisions by the Planning Director, the Hearings Officer, the Planning Commission (final decisions and recommended decisions), to hear matters of original or assumed jurisdiction, and to hear matters remanded to it from a higher board or court. [2005 RLDC § 25.010.]
19.25.020 Rules of procedure.
Public hearings conducted by the Board shall follow the procedures for quasi-judicial land use hearings as set forth in Chapter 19.22 JCC, and as further governed by Division III of this title, Public Hearings, Notices and Appeals. [2005 RLDC § 25.020.]
19.25.030 Public hearing and notice.
A. The Planning Director, in coordination with the Board’s office staff, shall administer all hearings before the Board by scheduling and rescheduling hearings for dates, times and places certain, by providing notices to applicants, neighbors and interested persons and agencies, by providing the Board with background and analytical reports regarding the requests, and by assigning one or more planners to be present at the hearing to give staff reports and to assist in the conduct of the hearings.
B. The Director shall have authority to continue or reschedule any public hearing to a new place, date and time certain at the request of the applicant when the request is made prior to the issuance of public notice by mail or publication. This authority is permissive and is intended to accomplish basic fairness while minimizing inconvenience. In all cases the Director is authorized to refer the request for a continuance to the Board for consideration at the scheduled public hearing.
C. Requests for a continuance made after notice is given by mail or publication must be considered by the Board at the public hearing. In the event the continuance cannot be given to a place, date and time certain at the public hearing, a renoticing and/or new publication fee must be submitted within seven days from when the continuance is orally granted or the application shall be deemed withdrawn. [2005 RLDC § 25.030.]
19.25.040 Review and decision.
A. Public hearings conducted by the Board shall be called to order by the Chair at the date and time specified in the public notice. The hearing shall conform to the requirements of Chapter 19.31 JCC.
B. The Board may grant continuances as needed or helpful to permit a full and fair hearing, and the decision may take into account the special circumstances of any party to the hearing, as well as the requirement to conclude action on the request (including appeals) within the statutory time limit on land use decisions. Applicants can request a reasonable extension of the statutory time limit as a condition of a continuance.
C. The Board may continue a hearing to a place, date and time certain to conduct a site visit. The site visit shall be considered a part of the hearing and shall be open to all participants. The Board may make factual inquiries regarding the physical location, layout and other physical features or circumstances of the site from staff, but no substantive testimony shall be received from the parties or witnesses. The presiding officer of the Board shall summarize the site visit on the record when the hearing reconvenes.
D. The Board may grant a continuance or hold the record open as provided in JCC 19.31.120(J).
E. At the conclusion of the hearing, the Board may take any one of the following actions: (1) make a decision to outright approve; (2) make a decision to conditionally approve; (3) make a decision to deny the request; or (4) continue the hearing to a date and time certain for further evidence or decision only.
F. The final decision of the Board shall be in the form of findings of fact meeting the requirements of state law and JCC 19.31.130(C). [2005 RLDC § 25.040.]
19.25.050 Appeal.
A land use decision by the Board may be appealed to the Oregon Land Use Board of Appeals as provided by state law. [2005 RLDC § 25.050.]