Land Use Actions Defined
Ministerial Action is an application under the Land Use and Development Ordinance which can be approved by the Planning Director on a routine basis. Little or no discretion applies to ministerial actions. Ministerial actions do not provide for contested case proceedings or notice. The basis for ministerial actions are clearly set out in the Comprehensive Plan or Land Use and Development Ordinance, or involve a final action which is based on an application of prior established conditions.
Ministerial actions include:
- Building or mobile home placement worksheet clearances
- Final approval of partitionings or subdivisions
- Review of overlay zone provisions
Administrative Review is an action under the Land Use and Development Ordinance which can be approved by the Planning Department and provides for notice and an opportunity for a hearing by the applicant or a party. These actions involve the use of judgement by the Planning Department, but criteria and standards for approval are generally set out in the Comprehensive Plan or Ordinance. The Planning Department's decision is supported by findings and conclusions on administrative actions.
Administrative actions include:
- Conditional use permits
- Private road approvals
- Temporary use permits
Quasi-Judicial Action is any application under the Land Use and Development Ordinance which requires review by the Planning Commission or Hearings Officer. These applications require public hearings, may be contested cases, and place the burden of proof for approval on the applicant. Within the parameters of the Plan and Ordinance a greater degree of discretion is utilized in quasi-judicial decisions.
Applications include zone changes, Comprehensive Plan map amendments, and an exception to the Statewide Planning Goals. These applications are initiated by a specific individual or applicant and apply to a particular property ownership or plan.
Legislative Action is an action generated by the County in the interest of the general public. Legislative actions are applicable to a number of properties and usually impact the whole jurisdiction or Plan and Ordinance provisions. Legislative actions are regulated by State statute.