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Planning Library

Wednesday, December 24, 2014

2004 LDO Amendments - ARCHIVE

EXPLANATION OF WHAT LAND-USE CODES ARE IN EFFECT AND STATUS OF 2004 LDO

• WHAT HAPPENED?:
  • On March 12, 2004, the county adopted three separate Ordinances: 2004-1, 2004-2, and 2004-3.
    • Ordinance 2004-1 contained amendments to the County Comprehensive Plan.
    • Ordinance 2004-2 contained the entirely new 2004 LDO.
    • Ordinance 2004-3 contained the supporting Zoning and Comprehensive Plan Maps. 
  • On August 20, 2004 the Land Use Board of Appeals (LUBA) remanded the 2004 LDO back to the county.
  • LUBA did not remand the Amended Comprehensive Plan Elements.
  • Since Ordinance 2004-3 (2004 Maps) was set to only go into effect after both 2004-1 & 2004-2 go into effect, the 2004 Zoning Maps were no longer in effect.
  • On December 1, 2004, Jackson County Board of Commissioners adopted Emergency Ordinance 2004-11 in addition to Permanent Ordinance 2004-2RM
    • Ordinance 2004-11 is an Emergency Ordinance that caused the 2004 LDO to become effective as of December 2, 2004
    • Ordinance 2004-2RM is the Permanent Ordinance permanently re-implementing the 2004 LDO. This Ordinance, since it was not appealed to LUBA, became effective December 22, 2004.
    • Since the 2004 LDO is in effect, the supporting Zoning and Comprehensive Plan Maps are also in effect.
  • On December 8, 2004, Jackson County Board of Commissioners adopted  Ordinance 2004-12; Ordinance 2004-13; and Ordinance 2004-14.
    • Ordinance 2004-12 amended Ordinance 2004-2RM to correct scriveners errors and clarify text.
    • Ordinance 2004-13 amdended LDO Sections 1.7, 10.2, & 10.4 and repealed Ordinance 2000-15 Sections 15.020, 280.010, and 258.020 dealing primarily with Lot Legality .
    • Ordinance 2004-14 amended the LDO to reestablish Destination Resort Regulations and revise Ordinance 2000-15 Chapter 246 as Section 7.1.5
    • No LUBA appeals were filed prior to the appeal deadline, therefore the 2004 LDO in its entirety will become effective on February 15, 2005

•  WHAT DOES THAT MEAN?:   
  • Between August 20, 2004 and December 2, 2004 the 2004 Land Development Ordinance and the 2004 Zoning Maps were no longer in effect.
  • Between August 20, 2004 and December 2, 2004, the 2000 Land Development Ordinance was in effect.
  • The 2004 Comprensive Plan Elements remain in effect.
  • Between August 20, 2004 and December 2, 2004 all Zones reverted back to the 2000 Zones, with the exception of Zone Changes approved during that time period.
  • Between August 20, 2004 and December 2, 2004, all Land-Use Applications were subject to the 2000  Land Development Ordinance.
  • From December 2, 2004 to current, all Land Use Applications are subject to the 2004 Land Development Ordinance.  
  •  Submital includes request for land-use review on the appropriate county form with appropriate signatures and payment.
    • All requests for Land-Use Reveiw submitted prior to March 12, 2004 are subject to the criteria within the 2000 LDO
    • All requests for Land-Use Reveiw submitted between March 12, 2004 and August 20, 2004 are subject to the criteria within the 2004 LDO.
    • All requests for Land-Use Reveiw submitted between August 20, 2004 and December 2, 2004are subject to the criteria within the 2000 LDO
    • All requests for Land-Use Reveiw submitted on or after December 2, 2004 are subject to the criteria within the 2004 LDO.

• WHAT NOW?:
  • The 2004 LDO with scriveners corrections and with Lot Legality and Destination Resort sections 'fitted' from the 2000 LDO will be permanently in effect on February 15, 2005.
  • Within the next year, Lot Legality and Destination Resorts Sections of the 2004 LDO will likely be re-examined.

• 2004 LDO Remand Re-Adoption Ordinances & Associated Documents

• LINK TO ORIGINAL LUBA REMAND DECISION 
  • Note: Following a request for clarification from Jackson County, LUBA supplied two replacement pages for the Remand Decision.  Click the pdf file below to see the letter of clarification and replacement pages.

   

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