The purpose of this Chapter is:

1. To establish standard decision-making procedures that will enable the City, the applicant, and the public to reasonably review applications and participate in the local decision-making process in a timely and effective way; and
2. To identify types of applications, set out requirements and procedures for land use planning applications, including but not limited to zoning permits, grading and erosion control permits, temporary use permits, architectural review, plan review, minor or major land partitions, subdivisions, planned or clustered developments, conditional uses, variances, and plan and zone changes.

1. An application for a land use action may be initiated by the owner(s) of the property involved or an authorized agent of that owner(s), including the following: zoning permits, grading and erosion control permits, temporary use permits, architectural review, plan review, minor or major land partitions, subdivisions, planned or clustered developments, conditional uses, variances, zoning ordinance/comprehensive plan amendments and/or zoning change.
2. An application for a change of zone may also be initiated by the City Council or the Commission, in accordance with the provisions of Section 10.17 below.
3. Authorization to act as an agent shall be in writing and filed with the application. Such applications shall be filed on the appropriate form provided by the City Planning Department. When any such application requires the submission of a site plan, the site plan shall be submitted in a form as described within Section 10.12.100.
   

All land use and development permit applications and approvals, except building permits, shall be decided by using the procedures contained in this chapter. The procedure “type” assigned to each application governs the decision-making process for that permit or approval. There are four types of permit/approval procedures as described in the following subsections. The table in Section 10.12.040 lists the City’s land use and development approvals and corresponding review procedure(s).

All land use and development permit applications and approvals, except building permits, shall be decided by using the procedures contained in this section. The procedure “type” assigned to each application governs the decision-making process for that permit or approval.

1. Type I Procedure (Staff Review or ministerial permits – Zoning Checklist). Type I decisions are made by the City Planner, or their designee, without public notice and without a public hearing. A Type I procedure is used in applying City standards and criteria that do not require the use of discretion (i.e., there are clear and objective standards). A Type I Procedure is identified with an “O” in the Allowable Use Matrix Section 10.06.025 and described in Section 10.12.050.
   1. Modified Type I Procedure. Some Type I decisions include provisions for an informational notice to be issued after approval, with no other changes to the Type I procedure. This modified Type I Procedure is identified with an “ON” in the Allowable Use Matrix Section 10.06.025 and described in Section 10.12.050 including notice requirements in Section 10.12.050.A.7.
2. Type II Procedure (Administrative Review with Notice). Type II decisions are made by the City Planner, with public notice and an opportunity for appeal to the Planning Commission, but do not require a public hearing. A Type II Procedure is identified with an “O²” in the Allowable Use Matrix Section 10.06.025 and described in Section 10.12.060. A Type II Land Use Application includes a Limited Land Use decision and a Zoning Review as described in OAR 660-08-0410 and Section 10.12.060 of the Bay City Municipal Code.
3. Type III Procedure (Quasi-Judicial Review). Type III decisions apply to quasi-judicial applications review made by either the Planning Commission or City Council after a public hearing, with an opportunity for appeal; Type III decisions involve discretion and judgment in applying approval criteria. Type III procedures require public notice and one or more public hearings. A Type III Procedure is identified with a “C” in the Allowable Use Matrix Section 10.06.025 and described in Section 10.12.070. A Type III Procedure also includes a variance, a planned unit development, a subdivision, or a zone change.
4. Type IV Procedure (Legislative Review). The Type IV procedure applies to legislative matters. Type IV procedure and legislative decisions are made by the City Council, taking into consideration a recommendation from the Planning Commission, and involve the adoption or amendment of policy by ordinance. Legislative decisions may also apply to applications involving a large geographic area containing many properties (e.g., adoption of regulations, zone changes, annexation, and comprehensive plan amendments). Type IV reviews are considered by the Planning Commission, which makes a recommendation to City Council. City Council makes the final decision on a legislative proposal through the enactment of an ordinance. Type IV procedures require public notice and more than one public hearing.

Approvals requiring Type I review, shall be made on forms provided by the City.

1. Type I: Staff Review/Zoning Check List
   1. The City Planner, or his or her designee, without public notice and without a public hearing, makes ministerial decisions through the Type I procedure. Ministerial decisions are those where City standards and criteria do not require the exercise of discretion (i.e., there are clear and objective standards).
   2. Zoning Checklist. The City Planner reviews proposals requiring a Type I review using a Zoning Checklist. The Zoning Checklist is a preliminary review that is intended to ensure a project proposal meets the basic requirements of Section 10.06 before more detailed plans are prepared and before the City authorizes the Planner to issue a building permit.
   3. Application Requirements.
      1. Application Forms. Approvals requiring Type I review, including Zoning Checklists, shall be made on forms provided by the City.
      2. Application Requirements. When a Zoning Checklist is required, it shall:
         1. Include the information requested on the appropriate application form;
         2. Address the criteria in sufficient detail for review and action; and
         3. Be filed with the required fee.
   4. Requirements. The City shall not act upon an application for land use approval, and a building permit shall not be issued, until the City Planner has approved a Zoning Checklist for the proposed project.
   5. Criteria and Decision. The City Planner’s review of a Zoning Checklist is intended to determine whether minimum code requirements are met and whether any other land use permit or approval is required prior to issuance of a building permit.
   6. Effective Date. A Zoning Checklist decision is final on the date it is signed by the City Planning Planner. It is not a land use decision as defined by ORS 197.015, and therefore is not subject to appeal to the state Land Use Board of Appeals.
   7. Informational Notice. Approvals requiring informational notice, identified with an “ON” in the Allowable Use Matrix Section 10.06.025, shall provide notice after the decision is final. (1) Mailed notice shall be sent to property owners within one hundred feet from the exterior boundary of the subject property. (2) Addresses for the mailed notice shall be obtained from the county assessor’s Real Property Tax records. (3) Mailed notice shall contain the following information: (A) The name of the property owner and applicant, if different from the property owner, and the city’s case file number; (B) A description of the location of the property for which the decision applies, including the street address and a subdivision lot and block designation, or the tax map designation of the county assessor; (C) A concise description of the approved action; (D) The name of a city representative to contact and the telephone number where additional information may be obtained; and (E) A statement that the decision is final and that the notice is being provided for informational purposes. 
2. Building Permits and Zoning Permits
   1. No permit shall be issued by the City Planner or Building Official for the construction, reconstruction, alteration or change of use of a structure or lot that does not conform to the requirements of this Chapter.
   2. Building and Zoning permits are required for any change, alteration or addition that affects the foundation, roofline, area of structure, or enclosure of existing porches, decks, patios, or carports.
   3. No Building or Zoning permit shall be issued for any new construction, or any alteration or addition to an existing structure that increases the structural area toward any lot line, unless an official survey accompanies the application for a building permit. The survey shall also show the elevation of the building site.
   4. Construction on property for which a permit has been issued must be started within 180 days from the date of issue. Construction must not be abandoned for over 180 days, or a new permit must be obtained at one-half the original fee. Building permits may be renewed only once.
   5. If manufactured dwellings, travel trailers or recreational vehicles are used during the construction, water and sewer facilities must be installed within 90 days of the placement of the vehicle dwelling on the property.
   6. Premises may not be occupied unless furnished with water and sewer facilities.
   7. Areas not addressed by this Chapter shall be governed by the then applicable State Building Code.
3. Grading and Erosion Control Permit
   1. Purpose. The purpose of the Grading and Erosion Control Permit is to protect property values and promote the public health, safety, and general welfare. This permit will:
      1. Provide accurate institutional tracking of grading, erosion control and fill activities;
      2. Minimize public and private losses due to earth movement hazards in specified areas;
      3. Minimize erosion and environmental damage caused by the transport of sediment into the streams and Tillamook Bay within the corporate limits of Bay City and its urban growth boundary area;
      4. Prevent the transport of sediment onto adjacent properties; and
      5. Require all grading and erosion control measures to be in place and performing to the satisfaction of the City prior to approval of an associated building permit.
   2. Permits are Required
      1. Where the volume of soil or earth material is disturbed, stored, disposed of or used as fill exceeds 12 cubic yards;
      2. For excavations below existing grade for foundations of building, basements, retaining walls or other structure authorized by a valid building permit;
      3. Where the slope exceeds 12%; 4) For any fill or excavation having an unsupported finished height greater than five feet;
      4. For grading which obstructs or alters a drainage course;
      5. For grading which takes place within 100 feet by horizontal measurement from the top of the bank of Patterson Creek, Jacoby Creek, or Perkins Creek;
      6. For grading which takes place within 100 feet by horizontal measurement of the mean high watermark (line of vegetation) of Tillamook Bay, including its estuaries; and
      7. For grading that takes place within 100 feet by horizontal measurement from an identified wetlands area.
   3. Exemptions
      1. Driveway and Road Improvement plans approved in writing by the City;
      2. Exploratory excavations under the direction of a qualified professional engineer, registered geologist, certified engineering geologist, or geotechnical engineers;
      3. Routine agricultural crop management, horticulture or gardening practices unless subject to the requirements of Bay City Development Code Subsection 2 of this section;
      4. Emergency response activities intended to reduce or eliminate an immediate danger to life or property or to mitigate flood or fire hazards;
      5. Forest practices in commercial forest management areas under the supervision of the Oregon Department of Forestry; and
      6. Brush removal, mowing or routine property maintenance which does not disturb the soil.
   4. Application Information Required. Site Development Plan. Submit a Site Development Plan, drawn to a measurable scale, with sufficient dimensions to show all of the following. The City may require that specific items be submitted on separate plats for clarity and site inspection purposes.
      1. Survey: Clearly identify property line locations. For Site Review, stake the fill site proposed and the property corner locations. All property lines shall be verifiable or the City may require that a professional land survey be submitted or a "find and flag" performed;
      2. Existing Structures: Identify the location of existing structures, easements, utilities, roads and driveways. Identify which are to be removed;
      3. Proposed Structures: Identify the location of proposed structures, utilities, easements, roads and driveways;
      4. Structural Fills: Identify all fill areas intended to support roadways or structures. Provide an analysis of fill material composition, compaction methods and density specifications;
      5. Wetlands and Watercourses: Identify all streams, intermittent streams, creeks, watercourses, and wetland areas on or immediately adjacent to the property;
      6. Grading: Identify all areas where clearing, grading, excavation or filling is to occur, and the proposed location of soil stockpiles. Provide a pre-grading report identifying the specific types and amounts of fill and excavation proposed and the topography of existing slopes. Provide a post excavation report identifying the specific types and amounts of fill and excavation completed and the topography of finished slopes;
      7. Trees: Identify the location of all trees. Identify trees proposed for removal. A Bay City Tree Removal Permit is required prior to tree removal;
      8. Vegetation: Outline vegetated and wooded areas. Identify vegetation proposed for removal;
      9. Stormwater Drainage: Identify the direction of all drainage flow and sheet flow on and immediately surrounding the property. Finished grades shall be designed to direct water to the engineered on-site retention/infiltration storage system. Identify the location of all culverts and infrastructure designed to direct the drainage within the property lines. Provide a stormwater drainage system maintenance plan; and
      10. Erosion and Sedimentation Control: Identify the types and location of proposed erosion and sedimentation control measures designed to manage sedimentation in runoff on site. Identify which measures will remain in place permanently and which are temporary measures that will remain until the disturbed area is stabilized.
   5. Grading and Erosion Control Permit Standards Approval of the Site Development Plan shall be based on findings that the proposal adequately addresses the following standards. Conditions of approval may be required to assure the design meets these standards.
      1. Setback Requirements: Fills shall be setback from side and rear property lines in accordance with lot requirements of the property so as not to endanger or disturb the adjoining property;
      2. Existing Structures and Surrounding Property: Grading shall not endanger surrounding existing structures or property. Whenever damage, erosion, or sedimentation is caused by stripping vegetation, grading or other development, it shall be the responsibility of the person, corporation or other entity causing such damage, erosion, or sedimentation to remove it from all adjoining surfaces and drainage systems and repair damage to property;
      3. Proposed Structures: Temporary graveled entrance roads shall be constructed of sufficient length, depth, and width and maintained to prevent gravel and sedimentation from being tracked onto streets. An approved Road Approach Permit is required prior to driveway construction;
      4. Structural Fills: All structural fills intended to support structures and streets shall be designed by an appropriately qualified Professional Engineer (PE) in accordance with standard engineering practices;
      5. Wetlands and Watercourses: Fills shall not encroach on wetlands or watercourses unless approved by a joint permit from the Department of State Lands (DSL) and the US Army Corps of Engineers (USACE). All applications with wetlands on the property will require the City to file with DSL, a DSL Notification Form. All applications with excavation and fill proposed in wetland areas will require an approved DSL and USACE Joint Permit. For local wetland reference documentation, see the Bay City Wetland Delineation Map available at City Hall. Prior to vegetation removal please reference Bay City Code Chapter 10 Section 10.10.030 and Bay City Comprehensive Plan Goal 5: Policies, Goals, and Objectives;
      6. Grading: Cut and fill slopes shall not be steeper than 2 Horizontal: 1 Vertical. Minimize cut or fill operations by conforming to topography. Prepare the ground surface to receive non-structural fill by removing vegetation, non-complying fill, topsoil and other unsuitable materials. Scarify and bench the surface to provide a firm bond between the exposed ground surface and the new fill;
      7. Tree and Vegetation Removal: Stripping of vegetation, grading, excavation, or other soil disturbance shall be done in a manner which will minimize soil erosion, stabilize the soil as quickly as possible, and expose the smallest practical area at any one time during construction. Tree removal requires approval of a Bay City Tree Removal Permit;
      8. Proposed Vegetation: Permanent plantings shall be installed by September 30 of the year in which the development is started unless an alternative date is designated on the Building Permit Application and approved by the City;
      9. Topographical Contour: The location of roads, driveways, structures and infrastructure shall complement the natural topography of the site;
      10. Stormwater Drainage Systems: The applicant shall improve storm drains as necessary to provide effective retention for on-site runoff caused by altered soil and surface conditions during and after development. Stormwater Drainage systems shall carry runoff to suitable drainage ways utilizing but not limited to storm drains, drainage swales, culverts or an approved drywell system. For local reference documentation, see the Bay City Stormwater Management Plan available for review at City Hall. In addition:
          1. Stormwater Drainage System Capacity: Stormwater Drainage systems shall manage all stormwater runoff on site to avoid sedimentation and flooding to adjacent and downstream properties. The stormwater drainage system shall manage the capacity of a storm of 50-year design frequency;
          2. Erosion Management: Stormwater Drainage systems shall accommodate the volume and velocity of surface runoff to create the least erosion potential, prevent surface water from damaging the cut face of excavations or the sloping surface of fills, and reduce runoff water velocity and control dispersal of water runoff from developed areas over large undeveloped areas; and
          3. System Maintenance: Stormwater Drainage systems shall be consistently maintained in a manner that ensures adequate performance; and
      11. Erosion and Sedimentation Control Systems: The applicant shall provide erosion and sedimentation control systems such as sediment or debris basins, silt traps, filter barriers, vegetation and/or mulching, permanent plantings or other measures to protect adjacent and surrounding property. In addition:
          1. Cut Banks: All cut banks shall provide temporary or permanent drainage measures such as mulching, seeding or other suitable stabilization measures to prevent surface water from damaging the cut face of excavations or the sloping surface of fills;
          2. Soil Stockpiles: Disposed spoil material or stockpiled topsoil shall be prevented from eroding into streams or drainage ways by applying mulch or other protective covering; or by location at a distance of more than 100 feet in horizontal distance from streams or drainage ways; or by other sediment reduction measures;
          3. Pollution Control: Permanent and temporary erosion and sedimentation control devices shall prevent polluting discharges from occurring. Non- erosion pollution associated with construction such as pesticides, fertilizers, petrochemicals, solid wastes, construction chemicals, or wastewaters shall be prevented from leaving the construction site through the use of temporary erosion control measures and through proper handling, disposal, continuous site monitoring, and clean-up activities; and
          4. System Maintenance: Erosion and sedimentation control systems shall be consistently maintained in a manner that ensures adequate performance. Measures shall remain in place until the disturbed area is stabilized. Materials shall be removed from Sediment or Debris Basins, Silt Traps, Filter Barriers, or Other Measures on a schedule submitted with Building Permit Application and approved by the City. The applicant shall ensure that drainage swales are vegetated or protected as required to minimize potential erosion.
   6. Implementation Bond Requirement for Off-Site Infrastructure: A performance bond agreement or similar equivalent, shall be required by the City of Bay City for developments, subdivisions, and planned unit developments. The agreement shall ensure that existing streets and other public facilities damaged in the development of the property are repaired within the time limits set. The bond amount and completion date shall be estimated by the developer and agreed upon by the City Attorney. The bond agreement shall specify that upon City declaration of dissatisfactory project completion, the City may complete the work and recover the full costs, including legal fees and inspection, necessary for the completion of the project. The bond shall be in the form of a personal bond, surety bond, or cash, as may be required by the City Attorney. The bond shall be released upon written determination by the City Public Works Superintendent that work has been completed satisfactorily.
   7. Inspection and Enforcement. The requirements of this Chapter shall be enforced by the City. The City may make periodic inspections to ascertain that grading and erosion control measures as proposed and approved are implemented, are being maintained effectively and are working effectively. If inspection by staff reveals erosive conditions which exceed those prescribed by this Chapter or permit, the City may require that work be stopped until appropriate corrective measures are completed. If inspection by staff reveals that the approved grading and erosion control measures are not working effectively, the City shall have the right to require the developer to pay for additional measures to assure compliance with the purpose of this Chapter.
   8. Applicant Responsibility. The applicant shall be responsible for repairing existing streets, public facilities, and surrounding properties damaged in the development of the property. Whenever damage, erosion, or sedimentation is caused by stripping vegetation, grading or other development, it shall be the responsibility of the person, corporation or other entity causing such damage, erosion, or sedimentation to remove it from all adjoining surfaces and drainage systems and repair damage to property prior to issuance of final approvals for the project.
4. Temporary Use Permit
   1. Temporary Uses Permitted. The following temporary uses and structures may be permitted by the Planning Commission within any district in the City:
      1. A real estate office used for the sale of lots of housing within a subdivision or planned development.
      2. Temporary housing where there is a valid health reason.
      3. Uses involving a minimal amount of capital investment.
   2. General Standards. The Planning Commission shall use the following standards in determining whether to grant temporary use permit:
      1. The proposed use will be compatible with abutting properties and the surrounding neighborhood.
      2. The height, bulk, and lot coverage of the structure is consistent with that of adjacent structures.
      3. Appropriate public services are available.
      4. The use will not generate more traffic than other land uses in the area.
      5. The use will not create excessive noise, vibration, or odor.
   3. Performance. Security for performance of permittee obligations, including the removal of any structures, shall be posted in all cases. The security may be a performance bond or other vehicle acceptable to the City Attorney.
   4. Time. Temporary use permits shall be reviewed by Planning Commission annually.
   5. Public Notices. Public notice shall be give as provided for in Article 10.12.130.
   6. Procedure. The Type I procedures of this section shall be followed.
   7. Right of Hearing. The Planning Commission may hold a public hearing to revoke a temporary use permit for failure to comply with any of the conditions of approval. Either the Planning Commission or an affected property owner may request such a public hearing.

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The City Planner, or their designee, performs Administrative Staff Reviews through the Type II procedure, with public notice and an opportunity for appeal to the Planning Commission. Alternatively, the City Planner may refer a Type II application to the Planning Commission for its review and decision in a public meeting. Applications for projects requiring Administrative Review shall be made on forms provided by the City Planner.

1. Administrative Review with Notice
   1. A Type II land use request must meet the requirements listed in subsection 10.12.100 of this Chapter.
   2. A Type II land use request must meet the notice requirements as described in subsection 10.12.120 of this Chapter.
2. Architectural Review
   1. Applications for the construction of new commercial, industrial, or the substantial renovation of existing commercial structures (over 50% market value) shall be reviewed by the City Planner to ensure that the design standards in Section 5.6 are met. Any building with a residential component shall not have a discretionary review.
   2. A landscaping plan shall be submitted which shows existing and proposed trees, landscaping materials, and other features, in order to permit the Planning Commission to review the plan.
   3. Parking, loading and storage areas shall be located in the rear of buildings wherever possible, unless it would conflict with adjoining residential uses. Landscaping shall be used to buffer commercial uses.
3. Historic Structure Demolition Permits
   1. Purpose. This section has two purposes:
      1. to establish a review period during which efforts can be made to protect historic structures from demolition;
      2. to review Zoning permit applications for alterations of historic structures to ensure that the proposed alteration is consistent with the building's historic character.
   2. Upon receipt of a Zoning permit application to demolish a historic structure included in the Comprehensive Plan's inventory of Historic Buildings, the City shall place a 45-day hold on the issuance of the permit. During the 45-day period, the City shall:
      1. Notify the State Historic Preservation Office of the proposed demolition.
      2. Advertise in a paper of general circulation the nature of the request and the historical values that would be lost by demolition.
      3. Inform the applicant of the historic character of the building and the incentives associated with historic preservation.
      4. If, after 45 days, the City Planner finds that substantial progress is being made in protecting the structure from demolition, the City Planner shall continue to hold on the demolition permit.
      5. If, after 45 days, the City Planner finds that there is no possibility for protecting the structure, the City Planner shall authorize the issuance of the demolition permit.
   3. Zoning permit applications for exterior alteration, or the construction of new structures or buildings in conjunction with a historic structure included in the Comprehensive Plan's inventory of historic buildings shall be referred to the City Planner for its review. The application shall be reviewed at the next regularly scheduled City Planner meeting following the receipt of the Zoning permit application.
      1. The City Planner will review the Zoning permit application to ensure that the proposed alterations are compatible with the building's historic character.
      2. In making this determination, the City Planner will consider the following criteria: maintenance of the building's predominant architectural character including such features as roof lines, porches, windows, or other exterior elements; compatibility of the materials to be used with existing building materials; and effect of the alterations on relationship of the building to its site.
      3. The City Planner shall approve or deny the proposed alterations based on the above criteria. The City Planner may recommend changes in the proposal which would enable it to be approved.
4. Partitioning, Property Line Adjustment: See Section 10.14 – Subdivision, Partitioning, Cluster, and Planned Development.
5. Plan Review
   1. Purpose. The purpose and intent of the Plan Review is to bring those projects involving building design and the development of land under special review where development impacts that may cause a conflict between uses in the same adjoining district are be minimized, and to promote the general welfare by directing attention to site planning, and giving regard to the natural environment and the elements of creative design to assist in conserving and enhancing the appearance of the city, and to support the promotion and maintenance of healthful and safe conditions upon surrounding properties and neighborhoods, thereby affecting the public health, safety, and general welfare.
   2. Plan Review is intended to promote functional, safe, and attractive developments, which maximize compatibility with surrounding developments and uses and with the natural environment. Plan Review mitigates potential land use conflicts resulting from proposed development through specific conditions attached by the review body. Plan Review focuses on the layout of a proposed development, including building placement, setbacks, location of parking areas, pedestrian access, external storage areas, external lighting (including LED), open areas, and landscaping.
   3. A Plan Review shall meet the requirements listed in subsection G.2 through G.7 of this section. 
6. Limited Land Use Decision
   1. Method of review. Limited Land Use Decisions are subject to administrative review. The decision is made by the Planning Official with public notice and an opportunity to appeal. 
   2. Time allowed. The City shall complete its review within the timeframes specified in subsections (C) through (G), below, provided that in all cases the City shall take final action on Limited Land Use applications, including resolution of all appeals, within the number of days specified in the table below, unless the applicant requests an extension in writing. The total of all extensions may not exceed 245 days except to allow for mediation in accordance with ORS 227.178(11).

      Project Type	Maximum Days*
      Limited Land Use Decisions for affordable housing projects meeting the following criteria: • Multi-unit residential building containing five or more residential units within the urban growth boundary; and • At least 50 percent of the residential units included in the development will be sold or rented as affordable housing that is affordable to households with incomes equal to or less than 60 percent of the median family income for the county in which the development is built or for the state, whichever is greater, that is subject to an affordable housing covenant, as provided in ORS 456.270 to 456.295, that maintains the affordability for a period of not less than 60 years from the date of the certificate of occupancy.	100 days from the date the City Planner deems the application complete for purposes of processing.
      All other Limited Land Use Decisions	120 days from the date the City Planner deems the application complete for purposes of processing.
      	*A city may extend these periods by no more than seven days in order to assure the sufficiency of its final order where the city has tentatively approved the application for development of residential structures.

   3. Application Requirements.
      1. Application Forms. Applications subject to Limited Land Use Review shall be made on forms provided by the Planning Official.
      2. Submittal Information. At a minimum, the application shall include all of the following information:
         1. The information requested on the application form;
         2. Plans and exhibits required for the specific approval(s) being sought; and
         3. The required fee.
   4. Completeness Review.
      1. The City Planner shall review the application submittal and advise the applicant in writing whether the application is complete or incomplete within 30 calendar days after the city receives the application submittal.
      2. If an application for a Limited Land Use Decision is incomplete, the City Planner shall notify the applicant in writing of exactly what information is missing within 30 days of receipt of the application and allow the applicant to submit the missing information. The application shall be deemed complete upon receipt by the City Planner of:
         1. All of the missing information;
         2. Some of the missing information and written notice from the applicant that no other information will be provided; or
         3. Written notice from the applicant that none of the missing information will be provided.
      3. If an applicant requests review under different standards as provided in subsection (E)(2) the applicable timelines for completeness review restart as if a new application were submitted on the date of the request. The application shall not be deemed complete until the City Planner determines that additional information is not required under subsection (2) of this section or the applicant makes a submission under subsection (2) of this section in response to a City Planner’s request.
      4. On the 181st day after first being submitted, the application is void if the applicant has been notified of the missing information as required under subsection (2) and has not submitted some or all of the information or provided written notice that none of the missing information will be provided.
   5. Applicable Standards and Criteria. Approval or denial of an application shall be based upon the applicable standards and criteria as follows.
      1. Except as provided in subsection (2), the approval or denial of an application that was complete when first submitted or deemed complete pursuant to subsection (D)(3) shall be based upon the standards and criteria that were applicable at the time the application was first submitted.
      2. Up to the issuance of Notice of Pending Limited Land Use Decision (subsection (F)), an applicant may submit a written request to apply newly adopted standards (those operative at the time of the request) to a submitted land use application. If an applicant requests review under newly adopted standards:
         1. Any applicable timelines for completeness review and final decisions restart as if a new application were submitted on the date of the request.
         2. Submission of additional information may be required if the request affects or changes information in the application.
         3. Additional fees may be required to cover those additional costs incurred by the city to accommodate the request.
         4. The applicant may not make more than one request under this subsection (E)(2).
   6. Notice of Pending Limited Land Use Decision. The purpose of the notice of pending decision is to provide a 14-day comment period during which nearby property owners and affected agencies can submit written comments on the application before the City Planner issues their decision.
      1. The City Planner shall mail notice of a pending Limited Land Use Decision to the following individuals and agencies.
         1. All owners of record of real property within a minimum of 250 feet of the of the entire contiguous site for which the application is made;
         2. Any neighborhood or community organization recognized by the governing body and whose boundaries include the site; and
         3. Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the City and any other affected agencies. The failure of another agency to respond with written comments on a pending application shall not invalidate an action or permit approval made by the City under this Code.
      2. The notice of pending Limited Land Use Decision shall briefly summarize the local decision making process for the Limited Land Use Decision being made and shall contain all of the following information:
         1. Deadline (date and time) for submitting written comments, which must be at least 14 days prior to the scheduled decision date, the place where written comments are to be submitted, and the name and phone number of the city’s contact person;
         2. Street address or other easily understood geographical reference to the subject property;
         3. List, by commonly used citation, of the applicable criteria for the decision;
         4. Statement that all evidence relied upon by the City Planner to make their decision is in the public record and is available for public review. Copies of this evidence can be obtained at a reasonable cost from the City;
         5. Statement explaining that issues which may provide the basis for an appeal to the Land Use Board of Appeals must be raised in writing prior to the expiration of the comment period. Such issues must be raised with sufficient specificity to enable the decision maker to respond to the issue; and
         6. Statement that after the comment period closes, the City will issue its decision and the decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice.
      3. The City Planner shall cause an affidavit of mailing the notice to be prepared and made a part of the file. The affidavit shall show the date the notice was mailed and demonstrate that the notice was mailed to the parties listed in subsection (1) and was mailed within the time required by law.
         1. Notice of Decision. At the conclusion of the comment period, the City Planner shall review the comments received and prepare a decision approving, approving with conditions, or denying the application based on the applicable standards and criteria. Within 7 days of making a Limited Land Use Decision, the City Planner shall mail a notice of that decision.
            1. The City Planner shall mail notice of a Limited Land Use Decision to the following individuals and agencies.
               1. Applicant;
               2. Property owner (if different);
               3. Building Official;
               4. Those individuals or agencies who provided written comments on the proposal; and
               5. Those individuals or agencies who requested a copy of the decision.
            2. The Notice of Decision shall contain all of the following information:
               1. A description of the applicant’s proposal and the City’s decision on the proposal, which may be a summary, provided it references the specifics of the proposal and conditions of approval in the public record;
               2. The address or other geographic description of the property proposed for development, including a map of the property in relation to the surrounding area (a copy of assessor’s map may be used);
               3. A statement of where the City’s decision can be obtained;
               4. The date the decision shall become final, unless appealed; and
               5. A statement that all persons entitled to notice may appeal the decision to City’s appeal body pursuant to subsection (H) by the date specified on the notice.
   7. Effective Date. Unless the conditions of approval specify otherwise, a Limited Land Use Decision becomes effective 14 days after the City mails the decision notice, unless the decision is appealed.
   8. Appeal of a Limited Land Use Decision. A Limited Land Use Decision made by the City Planner may be appealed to the Appeal Body designated by the City to hear appeals of decisions made by the City Planner.
      1. Who may appeal. The following people have legal standing to appeal Limited Land Use Decision:
         1. The applicant or owner of the subject property;
         2. Any person who was entitled to written notice of the decision; and
         3. Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified deadline.
      2. Appeal filing procedure.
         1. Notice of appeal. Any person with standing to appeal, as provided in subsection a, above, may appeal a Limited Land Use Decision by filing a Notice of Appeal according to the following procedures.
         2. Time for filing. A Notice of Appeal shall be filed with the City Planner within the timeframe specified on the Notice of Decision.
         3. Content of Notice of Appeal. The Notice of Appeal shall be accompanied by the required filing fee and shall contain:
            1. An identification of the decision being appealed, including the date of the decision;
            2. A statement demonstrating the person filing the Notice of Appeal has standing to appeal;
            3. A statement explaining the specific issues being raised on appeal; and
            4. If the appellant is not the applicant, a statement demonstrating that the appeal issues were raised during the comment period.
      3. Scope of appeal. The appeal of a Limited Land Use Decision shall be a hearing de novo before the Appeal Body. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Limited Land Use Decision, but may include other relevant evidence and arguments. The hearing Appeal Body shall allow additional evidence, testimony, or argument concerning any relevant standard, criterion, condition, or issue.
      4. Appeal Hearing Procedure. Hearings on appeals of Limited Land Use Decisions shall follow the city’s procedures used for public hearings.
7. Zoning Review 
   1. Method of review.
      1. Limited Land Use Decision. Zoning Review applications for proposed developments meeting one or more of the following criteria require Limited Land Use approval:
         1. Development with more than 50 units;
         2. Site size greater than 1 acre (43,560 square feet) in size; or
         3. Applicant is requesting a Modification pursuant to Section H of this section.
      2. Ministerial Decision. Zoning Review applications for all other proposed developments require Ministerial approval.
   2. Requirements. Zoning Reviews may be processed concurrently with a building permit application or submitted in advance of a Zoning permit application. In either case, a Zoning permit shall not be issued until the Planning Official has approved a Zoning Review for the proposed project.
   3. Zoning Review Application Requirements.
      1. The applicant has the responsibility to obtain the property owner's permission for the request.
      2. Applicants must submit information showing that the proposal complies with this Code, including:
         1. Information requested on the application form. A Ministerial Type I Zoning Review submitted concurrently with a City Zoning building permit application does not require a separate application form;
         2. The applicable housing type. In instances where a development can meet the definition of more than one housing type, the applicant shall specify the housing type on the application;
         3. A site plan and elevations as specified in subsection (D) which provides sufficient detail to determine the standards are met; and
         4. Service provider letters or other documentation demonstrating that sufficient infrastructure is available or will be available prior to certificate of occupancy to serve the proposed development, based on applicable public works standards.
      3. Applications must be filed with the required fee, based on the applicable local fee schedule.
   4. Site Plan and Building Elevation Requirements.
      1. The site or development plan must be drawn accurately to scale and must show the following existing and proposed information:
         1. All property lines with dimensions and total lot area;
         2. North arrow and scale of drawing;
         3. Adjacent streets, access (driveways), curbs, sidewalks, and bicycle routes;
         4. Existing Goal Protected Resources, if any are present on the site;
         5. Easements and on-site utilities;
         6. Existing and proposed development with all dimensions, including floor area and building footprint (if applicable);
         7. Distances of all existing and proposed development to property lines;
         8. Types and location of outdoor area and required usable open space (if required);
         9. Percentage of the site proposed for outdoor area coverage;
         10. Motor vehicle and pedestrian access and circulation systems, including connections off-site, and associated dimensions; and
         11. Motor vehicle and bicycle parking areas and design, number of spaces, and loading areas.
      2. Building elevations showing required entries and windows and associated dimensions.
   5. Criteria. The City Planner’s evaluation of a Zoning Review application will determine whether minimum code requirements have been or will be met.
   6. Expiration of Approvals. An approval under this section expires if:
      1. Within 2 years of the date of the final decision, a Zoning building permit has not been issued for approved development.
      2. Within 2 years of the date of the issuance of a Zoning building permit, if the approved development has not commenced.
   7. Extension. The City Planner, upon written request by the applicant, may grant an extension of the approval period not to exceed one year; provided that:
      1. No changes are made on the original approved plan;
      2. The applicant provides evidence demonstrating substantial progress toward commencing construction on the site within the next year; and
      3. The applicant provides evidence demonstrating that failure to obtain Zoning building permits and substantially begin construction within 2 years of Zoning Review approval was beyond the applicant’s control.
8. Modification 
   1. Method of review. An applicant may request one or Modifications of the standards in this chapter of Bay City Municipal Code. The approval criteria for a Modification requires the use of discretion, therefore applications for Modifications are subject to the Limited Land Use Decision procedure in this section. Requested Modifications shall be submitted and reviewed concurrently with a Zoning Review application.
   2. Modification Application Requirements.
      1. In addition to the information required for the Zoning Review application, applicants requesting one or more Modifications must submit a written statement for each requested Modification explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail.
      2. Applications must be filed with the required fee, based on the applicable local fee schedule.
   3. Criteria. A Modification to a standard will be approved if the applicant demonstrates that the following criteria have been met.
      1. Granting the Modification will equally or better facilitate housing production, affordability, and choice under Goal 10.
      2. Granting the Modification will not impact the provision of sufficient infrastructure.
      3. The proposed development will equally or better address all of the considerations in Tables below applicable to the standard(s) to be modified.
      4. Any significant negative impacts resulting from the Modification are mitigated to the extent practical.
      5. Considerations for granting a modification:

         For Modifications of standards relating to:	Considerations for granting a Modification include:
         Setbacks, building height, building floor area, lot coverage and floor area ratio	The proposed modification(s) do not decrease setbacks or increase building height, building floor area, lot coverage or floor area ratio by more than 5% – 10%. In addition, the impact of the mass/bulk of proposed buildings on neighboring uses, including opportunities to minimize those impacts through design. For garage entrance setbacks (driveway length), the impact of the driveway on the public right-of-way and pedestrian environment.
         Minimum density, lot size	Whether the proposal will help the city meet its housing production, affordability, and accessibility goals. The proposed modification(s) do not decrease lot size by more than 10%.
         Minimum or maximum vehicle parking	Minimum or maximum vehicle parking
         Bicycle parking, amount and design and location of spaces	Whether the reduction in amount or changes in design ensure bicycle parking that is adequate and user-friendly; or why the standard(s) are not appropriate for the proposed project context or location. The minimum number of spaces, for a reduction not greater than one-half space per residential unit.
         Entry orientation and pedestrian access	Opportunities to support pedestrian friendly neighborhoods, on-site pedestrian access, and pedestrian connections to the street.
         Entry orientation and required percentage of windows and doors	How the proposed building façade(s) will contribute to a safe and comfortable pedestrian-oriented environment on the abutting street or why this is not appropriate in this location.
         Cottage orientation	Opportunities to ensure that an adequate number of cottages have a direct relationship to the common courtyard and that the common courtyard provides shared community space for the cottage cluster.
         Transitions to residential entrances	Opportunities to provide separation and transitions between private entrance areas and the public realm.
         Off-street parking design; driveway and garage design	The impact of parking and vehicle access on the public right-of-way and pedestrian environment on- and off-site, and opportunities to minimize those impacts through design.
         Required outdoor area and usable open space; common courtyards	Ensuring livable design for residents, including access to light, air, open space, and active or passive recreation amenities; supporting shared community space for residents; and enabling culturally-sensitive amenities. The proposed modification(s) do not decrease open space by more than 25%.
         Screening of parking areas and trash storage	Opportunities to minimize the impact of parking areas or trash storage on the pedestrian environment; and, for trash storage, opportunities to minimize the impact on abutting residential properties.
         Screening from arterials	Opportunities to minimize noise and air quality impacts from abutting transportation facilities on residents.

   4. Approval of modifications. 
      1. Within 30 days after receiving a complete application, Bay City shall notify the applicant whether the application is deemed complete to make a review, and provide this notification concurrently with an application completeness determination. 
      2. If the city notifies the applicant that any proposed modification is not ready for review, the applicant may submit additional evidence for evaluation under this subsection within 30 days following the notice. 
      3. Bay City shall make a final decision on an application for a modification.
      4. A denial of an application for a modification must be in a brief written statement that explains the criteria and standards considered relevant to the decision, states the facts relied on in rendering the decision and explains the justification for the decision based on the stated criteria, standards and facts. 
      5. The decision does not require notice. 
      6. A final decision on an application for a modification is made under this section as a limited land use decision. Only the applicant may appeal the decision.
   5. Expiration of Approvals. An approval under this section expires if:
      1. Within 2 years of the date of the final decision, a City Zoning permit has not been issued for approved development.
      2. Within 2 years of the date of the issuance of a building permit, if the approved development has not commenced.

1. Quasi-Judicial Review
   1. Application Requirements.
      1. Application Forms. Applications requiring Quasi-Judicial review shall be made on forms provided by the City Planner.
      2. Submittal Information. The City Planner shall advise the applicant on application submittal requirements. At a minimum, the application shall include all of the following information:
         1. The information requested on the application form;
         2. Plans and exhibits required for the specific approval(s) being sought;
         3. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail;
         4. Information demonstrating compliance with prior decision(s) and conditions of approval for the subject site, as applicable; and
         5. The required fee.
   2. Procedure.
      1. Mailed and Posted Notice.
         1. The City shall mail public notice of a public hearing on a Quasi-Judicial application at least 20 days before the hearing date to the individuals and organizations listed below. The City Planner shall prepare an affidavit of notice, which shall be made a part of the file. The affidavit shall state the date that the notice was mailed. Notice shall be mailed to:
            1. All owners of record of real property located within a minimum of 250 feet of the subject site;
            2. Any person who submits a written request to receive a notice; and
            3. Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the City and any other affected agencies. At a minimum, the City Planner shall notify the road authority if different than the City of Bay City. The failure of another agency to respond with written comments on a pending application shall not invalidate an action or permit approval made by the City under this Code.
         2. At least 14 days before the first hearing, the City Planner or designee shall post notice of the hearing on the project site in clear view from a public right-of-way using a poster format prescribed by the City Planner.
         3. At least 14 days before the first hearing, the City shall publish notice of the hearing on the City website, and/or have said notice published in a newspaper with local circulation.
      2. Content of Notice. Notice of a Quasi-Judicial hearing to be mailed and published per subsection 1 above shall contain all of the following information:
         1. A summary of the proposal and the relevant approval criteria, in sufficient detail to help the public identify and locate applicable code requirements;
         2. The date, time, and location of the scheduled hearing;
         3. The street address or other clear reference to the location of the proposed use or development;
         4. A disclosure statement that if any person fails to address the relevant approval criteria with enough detail, he or she may not be able to appeal to the City Council, Land Use Board of Appeals, or Circuit Court, as applicable, on that issue, and that only comments on the relevant approval criteria are considered relevant evidence;
         5. A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and the applicable criteria and standards shall be available for review at the office of the City Plannerl, and that copies shall be provided at a reasonable cost;
         6. A statement that a copy of the City’s staff report and recommendation to the hearings body shall be available for review at no cost at least seven days before the hearing, and that a copy shall be provided on request at a reasonable cost;
         7. A general explanation of the requirements to submit testimony, and the procedure for conducting public hearings; and
         8. A statement that after the public hearing closes, the City will issue its decision, and the decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice.
   3. Conduct of the Public Hearing. Conduct of the public hearing shall follow the process identified in Section 1.02.080.
   4. Burden of Proof. The burden is on the applicant to demonstrate compliance with the criteria. The more drastic the change or the greater the proposal or the greater the impact of the proposal in an area, the greater is the burden upon the proponent. The requested proposal must be supported by proof that:
      1. It conforms to all applicable City Charter and Chapter requirements.
      2. There is a public need for the approval.
      3. The public need will be best served by granting the proposal (if the proposal is for zone change, proof must be submitted that the public need will be best served by changing the classification of the particular piece of property in question as compared with other available property).
      4. If other areas have been previously designated for a use of development submitted in the proposal, there is a necessity for introducing the proposal into an area not previously contemplated and that the property owners there should bear the burden, if any, of introducing that proposal into their area.
   5. Effective Date of Decision. Unless the conditions of approval specify otherwise, a Quasi-Judicial Decision becomes effective 20 days after the City mails the decision notice, unless the decision is appealed pursuant to subsection 10.12.070 subsection 6.
   6. Appeal of Planning Commission Decision. The Planning Commission’s decision may be appealed to the City Council as follows:
      1. The following people have legal standing to appeal:
         1. The applicant or owner of the subject property; and
         2. Any other person who testified orally or in writing during the subject public hearing before the close of the public record.
      2. Appeal filing procedure.
         1. Notice of appeal. Any person with standing to appeal, as provided in subsection 1, above, may appeal a Type III Quasi-Judicial Decision by filing a Notice of Appeal according to the following procedures.
         2. Time for filing. A Notice of Appeal shall be filed with the City Planner within the timeframe specified on the Notice of Decision; typically, this will be within 10 days of the date the Notice of Decision is mailed.
         3. Content of notice of appeal. The Notice of Appeal shall be accompanied by the required filing fee and shall contain:
            1. An identification of the decision being appealed, including the date of the decision;
            2. A statement demonstrating the person filing the Notice of Appeal has standing to appeal;
            3. A statement explaining the specific issues being raised on appeal; and
            4. If the appellant is not the applicant, a statement demonstrating that the appeal issues were raised during the comment period.
      3. Scope of appeal. The appeal of a Type III Quasi-Judicial Decision shall be a hearing de novo before the City Council. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Quasi-Judicial Decision, but may include other relevant evidence and arguments. The hearing appeal body may allow additional evidence, testimony, or argument concerning any applicable standard, criterion, condition, or issue.
   7. Record of the Public Hearing.
      1. The official public hearing record shall include all of the following information:
         1. All materials considered by the hearings body;
         2. All materials submitted by the City Planner to the hearings body regarding the application;
         3. The minutes of the hearing;
         4. The final written decision; and
         5. Copies of all notices given as required by this article, and correspondence regarding the application that the City mailed or received.
      2. The meeting minutes shall be filed in hardcopy form with the City Plannerl. The minutes and other evidence presented as a part of the hearing shall be part of the record.
      3. All exhibits received and displayed shall be marked to provide identification and shall be part of the record.
   8. Effective Date and Appeals to State Land Use Board of Appeals. A Quasi-Judicial Decision, as applicable, is effective the date the City mails the decision notice. Appeals Decision or Appeal of City Council decisions under this section shall be filed with the state Land Use Board of Appeals pursuant to ORS 197.805 - 197.860

1. Legislative Review
   1. Timing of Requests. The City Council may establish a schedule for when it will accept legislative code amendment or plan amendment requests, or the City Council may initiate its own legislative proposals at any time. Legislative requests are not subject to the 120-day review period under ORS 227.178.
   2. Application Requirements.
      1. Application forms. Legislative applications shall be made on forms provided by the City Planner.
      2. Submittal Information. The application shall contain all of the following information:
         1. The information requested on the application form;
         2. A map and/or plan addressing the appropriate criteria and standards in sufficient detail for review and decision (as applicable);
         3. The required fee, except when City of Bay City initiates request; and
         4. One copy of a letter or narrative statement that explains how the application satisfies each and all of the relevant approval criteria and standards.
   3. Procedure. Hearings on Legislative Land Use requests are conducted similar to City Council hearings on other legislative proposals, except the notification procedure for Legislative Land Use requests must conform to state land use laws (ORS 227.175), as follows:
      1. The City Planner shall notify in writing the Oregon Department of Land Conservation and Development (DLCD) of legislative amendments (zone change, rezoning with annexation, or comprehensive plan amendment) at least 35 days before the first public hearing at which public testimony or new evidence will be received. The notice shall include a DLCD Certificate of Mailing.
      2. At least 20 days, but not more than 40 days, before the date of the first hearing on an ordinance that proposes to amend the comprehensive plan or any element thereof, or to adopt an ordinance for any zone change, a notice shall be prepared in conformance with ORS 227.175 and mailed to:
         1. Each owner whose property would be directly affected by the proposal (e.g., rezoning or a change from one Comprehensive Plan land use designation to another), see ORS 227.186 for instructions;
         2. Any affected governmental agency;
         3. Any person who requests notice in writing; and
         4. For a zone change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175.
      3. At least 10 days before the scheduled City Council public hearing date, public notice shall be published in a newspaper of general circulation in the city.
      4. For each mailing and publication of notice, the City Planner shall keep an affidavit of mailing/publication in the record.
   4. Final Decision and Effective Date. A Legislative Land Use decision, if approved, shall take effect and shall become final as specified in the enacting ordinance or, if not approved, upon mailing of the notice of decision to the applicant. Notice of a Legislative Land Use decision shall be mailed to the applicant, all participants of record, and the Department of Land Conservation and Development within 20 business days after the City Council decision is filed with the City Planner. The City shall also provide notice to all persons as required by other applicable laws.
2. Annexation Areas annexed to the City shall be zoned the same as the contiguous zone within the City Limits, except where the annexed area adjoins two or more zones, the least intensive zone shall apply unless findings of fact are presented in the Planning Commission or City Council and adopted which support the more intensive zoning resignation. In establishing the zoning for annexed areas, the procedure used for Comprehensive Plan, Zone Change and Amendments Section 10.17 shall be followed.

1. A pre-application conference is encouraged for any land use applications or for applicants who are unfamiliar with the land use process. A pre-application conference is required for all Type III applications. The purpose of the conference shall be to acquaint the applicant with the substantive and procedural requirements of the applicable land use codes, to provide for an exchange of information regarding applicable requirements of the comprehensive plan, zoning code or land division code and to identify issues likely to arise in processing an application. The applicable zoning code may require that a pre-application conference be held for particular types of applications.
2. Required pre-application conferences must be held no more than one year prior to the submittal of a Type III land use application. Requests for pre-application conferences shall be made on a form provided by the City.

The purpose of this section is to establish standard decision-making procedures that will enable the City, the applicant, and the public to reasonably review applications and participate in the local decision-making process in a timely and effective way.

1. If the application if complete when first submitted, or the applicant submits the requested additional information within one hundred eighty days of the date the application was first submitted, approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first submitted. If an application for a permit is incomplete, the City shall notify the applicant of the additional information required within thirty days of the receipt of the application. The applicant shall be given the opportunity to submit the additional information required. The application shall be deemed complete upon receipt of additional information required. If the applicant refuses to submit the required additional information, the application shall be deemed complete on the thirty-first day after the governing body first received the application.
2. Authority and Review of the Planning Commission The Planning Commission is responsible for the administration of the Section, with the assistance of the City Recorder, Public Works Superintendent, City Planner, City Engineer, or other City staff. Planning Commission Review shall be carried out at a public hearing consistent with the hearing requirements of Section 10.12.

1. Procedure for Mailed Notice
   1. Mailed notice shall be sent to property owners within the following distances from the exterior boundary of the subject property:
      1. Legislative change to this Chapter: none;
      2. Quasi-judicial change to this Chapter: two hundred fifty feet;
      3. Conditional use: two hundred fifty feet;
      4. Variance and setback reduction: one hundred feet;
      5. Planning Commission review: one hundred feet;
      6. Cutting and filling: one hundred feet;
      7. Plan Review Type II: one hundred feet.
   2. Mailed notice shall be sent to the applicant.
   3. Addresses for a mailed notice required by this title all be obtained from the county assessor's Real Property Tax records. The failure of a property owner to receive notice shall not invalidate an action if a good faith attempt was made to comply with the requirements of this title for notice.
   4. Mailed notice shall contain the information contained in Section 10.12.130.C.
2. Procedure for Published Notice
   1. Notice for legislative changes shall be given for the proposed actions by publication in a newspaper of general circulation within the City.
   2. Published notice shall contain the information contained in Section 10.12.130.C.
3. Notice of Hearing. Notice of a hearing shall contain the following information:
   1. The name of the property owner and applicant, if different from the property owner, and the city's case file number;
   2. The date, time, place of the hearing, and who is holding the public hearing;
   3. A description of the location of the property for which a permit or other action is pending, including the street address and a subdivision lot and block designation, or the tax map designation of the county assessor;
   4. A concise description of the proposed action;
   5. A listing of the applicable criteria from this title and the comprehensive plan known to apply to the application at issue;
   6. A statement that a failure, by the applicant or other parties to the hearing, to raise an issue in a hearing, in person or by letter, or failure to provide sufficient specificity to afford the decision makers an opportunity to respond to the issue precludes appeal based on that issue;
   7. A statement that a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at the reasonable cost;
   8. A statement that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and will be provided at reasonable cost;
   9. The name of a city representative to contact and the telephone number where additional information may be obtained;
   10. A general explanation of the requirements for submission of testimony and the procedure for the conduct of hearings; and
   11. All other information as may be required by law.
4. Time of Notice Where required, notice shall be mailed, published, and posted twenty days prior to the hearing requiring the notice, or as may be required by law, or if two or more evidentiary hearings are allowed, ten (10) days before the first evidentiary hearing.
5. Date of Public Hearing A public hearing shall be held within forty days of the filing of a complete application, or as otherwise required by law.
6. All requirements of ORS 197.797 and all time limits imposed by statute shall apply to City land use proceedings adopted by the Council or as otherwise required by law.
7. For Legislative hearings, the City Planner shall notify in writing the Oregon Department of Land Conservation and Development (DLCD) of legislative amendments (zone change, rezoning with annexation, or comprehensive plan amendment) at least 35 days before the first public hearing at which public testimony or new evidence will be received. The notice shall include a DLCD Certificate of Mailing. At least 20 days, but not more than 40 days, before the date of the first hearing on an ordinance that proposes to amend the comprehensive plan or any element thereof, or to adopt an ordinance for any zone change, a notice shall be prepared in conformance with ORS 227.175 and mailed to:
   1. Each owner whose property would be directly affected by the proposal (e.g., rezoning or a change from one Comprehensive Plan land use designation to another), see ORS 227.186 for instructions;
   2. Any affected governmental agency;
   3. Any person who requests notice in writing; and
   4. For a zone change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175.
      1. At least 10 days before the scheduled City Council public hearing date, public notice shall be published in a newspaper of general circulation in the city.
      2. For each mailing and publication of notice, the City Planner shall keep an affidavit of mailing/publication in the record.
8. For a Quasi- Judicial Mailed and Posted Notice.
   1. The City shall mail public notice of a public hearing on a Quasi-Judicial application at least 20 days before the hearing date to the individuals and organizations listed below. The City Planner shall prepare an affidavit of notice, which shall be made a part of the file. The affidavit shall state the date that the notice was mailed. Notice shall be mailed to:
      1. All owners of record of real property located within a minimum of 100 feet of the subject site;
      2. Any person who submits a written request to receive a notice; and
      3. Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the City and any other affected agencies. At a minimum, the City Planner shall notify the road authority if different than the City of Bay City. The failure of another agency to respond with written comments on a pending application shall not invalidate an action or permit approval made by the City under this Code.
   2. At least 14 days before the first hearing, the City Planner or designee shall post notice of the hearing on the project site in clear view from a public right-of-way using a poster format prescribed by the City Planner.
   3. At least 14 days before the first hearing, the City shall publish notice of the hearing on the City website, and/or have said notice published in a newspaper with local circulation.
   4. Content of Notice. Notice of a Quasi-Judicial hearing to be mailed and published per subsection 1 above shall contain all of the following information.
      1. A summary of the proposal and the relevant approval criteria, in sufficient detail to help the public identify and locate applicable code requirements;
      2. The date, time, and location of the scheduled hearing;
      3. The street address or other clear reference to the location of the proposed use or development;
      4. A disclosure statement that if any person fails to address the relevant approval criteria with enough detail, he or she may not be able to appeal to the City Council, Land Use Board of Appeals, or Circuit Court, as applicable, on that issue, and that only comments on the relevant approval criteria are considered relevant evidence;
      5. A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and the applicable criteria and standards shall be available for review at the office of the City Planner, and that copies shall be provided at a reasonable cost;
      6. A statement that a copy of the City’s staff report and recommendation to the hearings body shall be available for review at no cost at least seven days before the hearing, and that a copy shall be provided on request at a reasonable cost;
      7. A general explanation of the requirements to submit testimony, and the procedure for conducting public hearings; and
      8. A statement that after the public hearing closes, the City will issue its decision, and the decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice.
9. Any staff report used at the hearing shall be available at least seven (7) days prior to the hearing. If additional documents or evidence are provided by any party, the City may allow a continuance or leave the record open to allow the parties a reasonable opportunity to respond. Any continuance or extension of the record requested by an applicant shall result in a corresponding extension of any state imposed time limitations.
10. Burden and Nature of Proof Except for a determination of the applicability of these provisions, the burden of proof is upon the proponent. The proposal must be supported by proof that it conforms to the applicable provisions of this Chapter, especially the specific criteria set forth for the particular type of decision under consideration.
11. Notification of State and Federal Agencies The city shall forward a copy of the final decision, including the findings and required conditions, within seven working days, to the appropriate state and/or federal agencies where a use or activity involves a state or federal permit which requires a determination of consistency with the local comprehensive plan. The response shall contain a statement of whether or not approval of the permit would be consistent with the comprehensive plan, the reasons the development is or is not so considered, and standards and conditions which should apply if a state or federal permit is granted.
12. Final action on Application for Permit or Zone Change Request The city shall take final action on an application for a permit or zone change with one hundred twenty days of the receipt of a complete application, or such other time as required by law. The one hundred twenty-day period does not apply to an amendment to the comprehensive plan or zoning ordinance, or the adoption of a new land use regulation. At the request of the applicant, the one hundred twenty-day period may be extended for a reasonable period of time.
13. Enforcement The City Recorder shall have the power and principal responsibility for enforcing provisions of this title. Neither the building official nor any other public employee or official of the city shall issue any permit or license for any use, activity or structure which violates provisions of this title. Any permit or license issued in conflict with the provisions of this title, intentionally or otherwise, shall be void.
14. Building Permits Before issuing a permit for the construction, reconstruction or alteration of a structure, it will be the responsibility of the City Planner and his or her designee to make sure that provisions of this title will not be violated.

1. Appeal of Administrative Decision. An administrative decision may be appealed to the City Planning Commission.
2. Appeal of Planning Commission Decision. The Planning Commission’s decision may be appealed to the City Council as follows:
   1. The following have legal standing to appeal:
      1. The applicant or owner of the subject property; and
      2. Any other person who testified orally or in writing during the subject public hearing before the close of the public record.
   2. Appeal filing procedure.
      1. Notice of appeal. Any person with standing to appeal, as provided in subsection 1, above, may appeal a Type III Quasi-Judicial Decision by filing a Notice of Appeal according to the following procedures.
      2. Time for filing. A Notice of Appeal shall be filed with the City Planner within the timeframe specified on the Notice of Decision; typically, this will be within 10 days of the date the Notice of Decision is mailed.
      3. Content of notice of appeal. The Notice of Appeal shall be accompanied by the required filing fee and shall contain:
         1. An identification of the decision being appealed, including the date of the decision;
         2. A statement demonstrating the person filing the Notice of Appeal has standing to appeal;
         3. A statement explaining the specific issues being raised on appeal; and
         4. If the appellant is not the applicant, a statement demonstrating that the appeal issues were raised during the comment period.
   3. Scope of appeal. The appeal of a Type III Quasi-Judicial Decision shall be a hearing de novo before the City Council. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Quasi-Judicial Decision, but may include other relevant evidence and arguments. The hearing appeal body may allow additional evidence, testimony, or argument concerning any applicable standard, criterion, condition, or issue.

The City Planner and/or Building Official has the authority to enforce all provisions of this Chapter, the State Building Code and all other applicable laws and regulations, specifically including the authority to issue stop work orders within the City limits. The City Planner and Planning Commission are responsible for the administration of the Comprehensive Plan and this Chapter, which control minor and major partitions, subdivision, planned or clustered developments, conditional uses, variances, and plan and zone changes. The City Planner shall utilize the services of the City Engineer, City Staff, Public Works Superintendent, or other qualified person in the administration of the Chapter.

All fees shall be set by the City by way of a resolution after a public hearing on the proposed fees. A public hearing to change any fee shall be advertised in a newspaper of general circulation not less than 4 days before the public hearing and not more than 10 days before the public hearing. The proposed fee schedule shall be available at City Hall at least seven (7) days prior to the public hearing. All fees shall be paid in full at the time of application.

A land use permit application form shall be available in the City Hall from the City Recorder for all uses listed in Section 10.12.020, which form shall be periodically updated as circumstances warrant. The Applicant must provide a completed application with all required information, including proof that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has the consent of all partners in ownership of the affected property, together with payment of all fees. Geologic hazard reports shall be submitted at the time the land use permit application form is submitted for all construction in a geologic hazards overlay zone. All completed land use applications shall be processed within the time allowed by law.

Where a proposed development requires more than one development permit, such as a Conditional Use, Variance, Plan Review, partition or a change in zone designation from the city, the applicant may request that the city consider all necessary permit requests in a consolidated manner. If the applicant requests that the city consolidate his permit review, all necessary public hearings before the planning commission shall be held on the same date.

Interpretation of information is the responsibility of the Building Official, City Recorder, or Planning Commission, depending on the type of information required. An optional conference with City staff, including the City Planner, Public Works Superintendent, or City Attorney may be requested by the applicant to discuss required information and applicable provisions of Chapter 10 or Comprehensive Plan. The City Recorder shall schedule such conference to be within 10 days after request of the applicant.

A registered survey shall be required for all new construction except where the City Planner determines that there is sufficient survey data present, or the size of the property or size or location of the improvements are such that a new survey is not necessary.

Information described in Section 10.12.110 through 10.12.115 shall be required in accordance with the following table:

* Information Required T Tentative Plan Required F Final Plat Required OP Optional Requirement of the Planning Commission

Certain requirements are optional in that they may be required by the Building Official, City Planner, or Planning Commission as circumstances dictate, or may be submitted by the applicant in support of an application.

Subdivision and Planned or Clustered Development tentative and final plan maps shall be at a scale of 1" = 50', except those larger than 10 acres may be at a scale of 1" = 100'. Plot plans for building permits, minor or major partitions, conditional uses, variances and minor zone changes may be at a scale of 1" = 100'. Maps showing details or additional information may be at various scales.

1. Base Map: A map showing all existing major natural features including contour lines, larger trees, low or swampy areas, streams, Tillamook Bay, wetlands, or geologic features.
2. Tentative Plan: A map showing property boundaries, lot area in acres or square feet, proposed lot lines, lot dimensions, existing and proposed rights-of-way, street dimensions, easements, feasible building sites on each lot, northpoint, scale and date, name of owner or authorized person, and the engineer or surveyor preparing the map(s).
3. Grades: Proposed finished grades of the property and streets, showing all cut and fill areas, general slope of the property, location of proposed retaining walls or slope protection, and proposed culverts or alterations of drainage ways.
4. Drainage: A map showing all culverts and drainage ways including dimensions and depth of the drainage ways.
5. Utilities: Locations and size of proposed utilities, including water and sewer, fire hydrants, storm drains, and electricity and communications lines.
6. Structures: Where applicable, a plan showing the location of proposed structures, their intended use, driveways, parking areas, storage areas, decks, patios, or other impervious surfaces with square footage indicated on the plan. Building plans and their vicinity maps are acceptable if square footages are indicated.
7. Hazards: Locations of hazards areas as indicated on the City's hazards maps, showing areas subject to flooding, landsliding, wetlands, sinkholes, or other hazards. (Note: a full geologic report may be required by the Building Official or Planning Commission; see 10.12.111 below.)
8. Open Space: Location and square footages of open space, including common open space, open areas, setbacks where applicable, buffers, screens, recreation facilities, adjacent City parks, or required landscaped areas.
9. Final Survey: Within one year of approval of the tentative plan, a legal survey by a registered surveyor or engineer must be submitted showing all corners, monuments, computations of all distances, coordinates, street centerlines, tract boundaries, lot and block lines and numbers, easements, dedications, certifications and other information as may be required by the Planning Commission in the course of the approval of the tentative plan.
   

1. Title Report: A preliminary title report, indicating any taxes or assessments as a lien against the property.
2. Ownerships: Ownerships of the property or proposed development, adjacent property owners, homeowners association by laws, ownership arrangement of common open space, private streets, and any covenants or deed restrictions.
3. Geologic Report: Site specific geologic investigation report by a licensed engineering geologist, soils engineer, or other qualified expert, indicating the feasibility of any proposed structures, cuts or fills, recommend storm drains both on and off the site, erosion control measures and slope stabilization devices, and trees or other stabilizing vegetation to be retained. A geologic hazards report is required for all construction in a geologic hazard overlay zone.
4. Phasing: A statement describing the phasing of construction of sales of lots or units, including the placement of utilities and construction of streets.
5. Performance Bond: A personal bond, surety bond, or cash bond assuring the completion of improvements, and covering the cost of engineering, inspection, repair of City streets or other public property damaged during construction of a development.
6. Proposed Findings of Fact: Proposed findings of fact or reasons to support a variance, zone change, or plan change. In the case of a zone or plan change, the findings must address the considerations of Section 10.17.
   

1. Final Plat Format: A final subdivision plat shall be prepared in accordance with the provisions of this Chapter and state law, including ORS 92.080 and 92.120. The final plat shall include the information on the tentative plan, the final survey and the geologic engineers final report as required by Section 10.07.010.
2. Certifications: Certifications on the final plat shall include certification by all parties with record title interest in the land consenting to the plat, dedication of lands for common or public use, and certification of the engineer and surveyor.
   

Conditional use applications shall address the standards and criteria of Section 10.15.070, Conditional Uses, and shall explain how the proposed use is in conformance with those requirements, other standards of this Chapter, and the goals and policies of the Comprehensive Plan.

Variance requests shall address the following criteria, in accordance with Section 10.16:

1. Building Variances:
   1. Why a strict interpretation of the requirement would result in an unnecessary hardship.
   2. What exceptional circumstances are applicable to the proposed lot which are not applicable to other properties in the same area.
   3. How the variance will not be detrimental to the public health, safety, or welfare, or will not adversely affect adjacent property or the surrounding neighborhood.
   4. How the variance would be in conformance with the goals and policies of the Comprehensive Plan.
2. Parking Variances:
   1. Why neither present nor future traffic volumes require strict interpretation of the parking standards.
   2. How the variance will not result in the parking or loading of vehicles on public streets so as to interfere with the free flow of traffic.
   3. How the variance will not create a safety hazard or be inconsistent with goals or policies of the Comprehensive Plan or the standards of this Chapter.
      

Findings shall address the applicable provisions of Sections 10.06 and 10.07, and the following additional considerations:

1. How the change will be in conformance with the goals and policies of the Comprehensive Plan and standards of this Chapter.
2. What alternatives are available to the applicant, such as other sites within an existing zone or alternative building plans.
3. What the proposed use of the property is, the land area needed, and how the requested change is the minimum necessary to support the proposed use.
4. What circumstances have changed since the adoption of the Comprehensive Plan or this Chapter, if any, to warrant such a change.
5. What the impacts will be on the surrounding neighborhood or adjacent properties in terms of traffic generation, noise, visual impacts, or other effects.