4.1.1410 Availability of Declaratory Ruling.
A. Subject to the other provisions of this section, there shall be available for the City’s Comprehensive Plan and this code a process for:
1. Interpreting a provision of the Bend Comprehensive Plan or implementing ordinances (and other documents incorporated by reference) in which there is doubt or a dispute as to its meaning or application;
2. Interpreting a provision or limitation of a development approval issued by the City in which there is doubt or a dispute as to its meaning or application;
3. Determining whether an approval has been initiated or considering the revocation of a previously issued development approval;
4. Determining the validity and scope of a nonconforming use; and
5. Lot of record.
Such a determination or interpretation shall be known as a “declaratory ruling” and shall be processed in accordance with this chapter. In all cases, as part of making a determination or interpretation the Community and Economic Development Director (where appropriate) or Hearings Body (where appropriate) shall have the authority to declare the rights and obligations of persons affected by the ruling.
B. A declaratory ruling shall be available only in instances involving a fact-specific controversy and to resolve and determine the particular rights and obligations of particular parties to the controversy. Declaratory proceedings shall not be used to grant an advisory opinion on a specific quasi-judicial development application. Declaratory proceedings shall not be used as a substitute for seeking an amendment of general applicability to a legislative enactment.
C. Declaratory rulings shall not be used as a substitute for an appeal of a decision or for a modification of an approval. In the case of a ruling on a City development approval, a declaratory ruling shall not be available until 60 days after a decision is final.
D. The Community and Economic Development Director may refuse to accept and the Hearings Body may deny an application for a declaratory ruling if:
1. The Community and Economic Development Director or Hearings Body determines that the question presented can be decided in conjunction with approving or denying a pending application or if in the Community and Economic Development Director or Hearings Body’s judgment the requested determination should be made as part of a decision on a development application not yet filed; or
2. The Community and Economic Development Director or Hearings Body determines that there is an enforcement case pending in circuit court in which the same issue necessarily will be decided as to the applicant and the applicant failed to file the request for a declaratory ruling within two weeks after being cited or served with a complaint.
The Community and Economic Development Director’s or Hearings Body’s determination to not accept or to deny an application under this section shall be the City’s final decision. [Ord. NS-2445, 2022; Ord. NS-2271, 2016; Ord. NS-2251, 2015; Ord. NS-2122, 2009; Ord. NS-2016, 2006]