The purpose of this chapter is to provide for the conduct of an impartial public hearing by the Rural Planning Commission for applications which involve significant policy issues having County-wide impact, or which call for review and recommendation to the Board of Commissioners.
(2005 RLDC § 24.010)
A. 
The Board of County Commissioners under the authority of Oregon Revised Statutes shall appoint the members of the Planning Commission to serve terms fixed in length by the Board.
B. 
The Planning Commissioners shall be appointed subject to the following rules:
1. 
The members of the Commission shall be residents of the various geographic areas of the County;
2. 
No more than two voting members shall be engaged principally in the buying, selling, or developing of real estate for profit either as individuals or for a company or corporation;
3. 
No more than two voting members shall be engaged in the same kind of occupation, business, trade or profession.
C. 
The members of the Planning Commission shall act on behalf of the Board of County Commissioners in hearings deciding and making recommendations regarding land use applications as authorized by this title.
(2005 RLDC § 24.020)
Public hearings conducted by the Planning Commission shall follow the procedures for quasi- judicial land use hearings as set forth in Chapter 19.22 JCC, and as further governed by Division III of this title, Public Hearings, Notices and Appeals.
(2005 RLDC § 24.030)
A. 
The Director shall administer all hearings before the Planning Commission by scheduling and rescheduling hearings for dates, times and places certain, by providing notices to applicants, neighbors and interested persons and agencies, by providing the Planning Commission with background and analytical reports regarding each request, and by assigning one or more planners to be present at the hearings to give staff reports and to assist in the conduct of the hearings.
B. 
The Director shall have authority to continue or reschedule any public hearing to a new place, date and time certain at the request of the applicant when the request is made prior to the issuance of public notice by mail or publication. This authority is permissive and is intended to accomplish basic fairness while minimizing inconvenience. In all cases the Director is authorized to refer the request for a continuance to the Planning Commission for consideration at the scheduled public hearing.
C. 
Requests for a continuance made after notice by mail or publication must be considered by the Planning Commission at the public hearing. In the event the continuance cannot be given to a place, date and time certain at the public hearing, a re-noticing and/or new publication fee must be submitted within seven days from when the continuance is orally granted or the application shall be deemed withdrawn.
(2005 RLDC § 24.040)
A. 
Public hearings conducted by the Planning Commission shall be called to order by the presiding officer at the date and time specified in the public notice. The hearing shall conform to the requirements of Chapter 19.31 JCC.
B. 
The Planning Commission may grant continuances as needed or helpful to permit a full and fair hearing, and the decision may take into account the special circumstances of any party to the hearing, as well as the requirement to conclude action on the request (including appeals) within the statutory time limit on land use decisions. The decision to grant or not grant a continuance is not appealable. Applicants can request a reasonable extension of the statutory time limit as a condition of a continuance.
C. 
The Planning Commission may continue a hearing to a place, date and time certain to conduct a site visit. The site visit shall be considered a part of the hearing and shall be open to all participants. The Commissioners may make factual inquiries regarding the physical location, layout and other physical features or circumstances of the site from staff, but no substantive testimony shall be received from the parties or witnesses. The presiding officer shall summarize the site visit on the record when the hearing reconvenes.
D. 
The Planning Commission may grant a continuance or hold the record open as provided in JCC § 19.31.120(J).
E. 
At the conclusion of the hearing, the Planning Commission may take any one of the following actions: (1) make a decision to outright approve; (2) make a decision to conditionally approve; (3) make a decision to deny the request; or (4) continue the hearing to a date and time certain for further evidence or decision only.
F. 
A final decision of the Planning Commission shall be in the form of findings of fact meeting the requirements of state law and JCC § 19.31.130(C). Decisions which constitute a recommendation to the Board shall be in the form of minutes detailing the testimony, arguments and deliberations leading up to the recommendation.
(2005 RLDC § 24.050)
Final actions of the Planning Commission may be appealed to the Board within 10 days from the date notice of the decision is mailed to the participants as set forth in Chapter 19.33 JCC.
(2005 RLDC § 24.060)