Chapter 17.14 provides all of the application requirements and procedures for obtaining permits required by this code. Please refer to the following table in 17.14.030 for a key to determining which land use permits and procedures are required, and the decision-making body for a particular type of permit application.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

The purpose of this chapter 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.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

All land use and development permit applications, except building permits, shall be decided by using the procedures contained in this chapter. General procedures for all permits are contained in Section 17.14.080. Specific procedures for certain types of permits are contained in Sections 17.14.030 through 17.14.070. The procedure "type" assigned to each permit governs the decision-making process for that permit. There are four types of permit/decision-making procedures: Type I, II, III, and IV. These procedures are described in subsections A through D of this section. In addition, the table in Section 17.14.030 lists all of the city's land use and development applications and their required permit procedure(s).

A.

Type I Procedure (Ministerial). Type I decisions are made by the city recorder, or someone he or she officially designates, without public notice and without a public hearing. The Type I procedure is used when there are clear and objective approval criteria, and applying city standards and criteria requires no use of discretion;

B.

Type II Procedure (Administrative). Type II decisions are made by the city recorder with public notice and an opportunity for a public hearing. The appeal of a Type II decision is heard by the planning commission;

C.

Type III Procedure (Quasi-Judicial). Type III decisions are made by the planning commission after a public hearing, with appeals reviewed by the city council. Type III decisions generally use discretionary approval criteria;

D.

Type IV Procedure (Legislative). Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy (e.g., adoption of land use regulations, zone changes, and comprehensive plan amendments which apply to entire districts). Type IV matters are considered initially by the planning commission with final decisions made by the city council.

E.

Traffic Impact Analysis. The following provisions also establish when a proposal must be reviewed for potential traffic impacts; when a traffic impact analysis must be submitted with a development application in order to determine whether conditions are needed to minimize impacts to and protect transportation facilities; the required contents of a traffic impact analysis; and who is qualified to prepare the analysis.

1.

When a Traffic Impact Analysis is Required. The city or other road authority with jurisdiction may require a traffic impact analysis (TIA) as part of an application for development, a change in use, or a change in access. A TIA shall be required where a change of use or a development would involve one or more of the following:

a.

The road authority indicates in writing that the proposal may have operational or safety concerns along its facility(ies);

b.

An increase in site traffic volume generation by three hundred average daily trips (ADT) or more;

c.

An increase in peak hour volume of a particular movement to and from a street or highway by twenty percent or more;

d.

An increase in use of adjacent streets by vehicles exceeding the twenty thousand pound gross vehicle weights by ten vehicles or more per day;

e.

The location of an existing or proposed approach or access connection does not meet minimum spacing or sight distance requirements or is located where vehicles entering or leaving the property are restricted, or such vehicles are likely to queue or hesitate at an approach or access connection, creating a safety hazard;

f.

A change in internal traffic patterns may cause safety concerns; or

g.

A TIA is required by ODOT pursuant to OAR 734-051.

2.

When a Traffic Impact Analysis May be Required. A TIA may be required where a change of use or a development would involve the following:

a.

A change in zoning or a plan amendment designation.

3.

Traffic Impact Analysis Preparation. A professional engineer registered in the State of Oregon, in accordance with the requirements of the road authority, shall prepare the traffic impact analysis.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

(Ord. No. 540, § 6, 2-11-15; Ord. No. 575, 7-11-18)

A.

Application Requirements.

1.

Application Forms. Type I applications shall be made on forms provided by the city.

2.

Application Requirements. Type I applications shall:

a.

Include the information requested on the application form,

b.

Address the criteria in sufficient detail for review and action, and

c.

Be filed with the required fee.

B.

Administrative Decision Requirements. The city recorder's decision shall address all of the approval criteria. Based on the criteria and the facts contained within the record, the city recorder shall approve, approve with conditions, or deny the requested permit or action. A written record of the decision shall be provided to the applicant and kept on file at city hall.

C.

Final Decision. The decision shall be final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The decision is the final decision of the city. It cannot be appealed.

D.

Effective Date. The decision is effective the day after it is final.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

A.

Preapplication Conference. A preapplication conference may be required for Type II applications. Preapplication conference requirements and procedures are in Section 17.14.080(C). Application requirements.

1.

Application Forms. Type II applications shall be made on forms provided by the city;

2.

Submittal Information. The application shall:

a.

Include the information requested on the application form,

b.

Be filed with a narrative statement that explains how the application satisfies each and all of the relevant criteria and standards in sufficient detail for review and decision-making,

c.

Be accompanied by the required fee,

d.

Include an impact study for all land division applications. The impact study shall quantify/assess the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including pedestrian ways and bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet city standards and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where this code requires the dedication of real property to the city, the applicant shall either specifically agree to the dedication requirement, or provide evidence that shows that the real property dedication requirement is not roughly proportional to the projected impacts of the development.

B.

Notice of Application for Type II administrative decision.

1.

Before making a Type II administrative decision, the city recorder shall mail notice to:

a.

All owners of record of real property within two hundred fifty feet of the subject site,

b.

All city-recognized neighborhood groups or associations whose boundaries include the site,

c.

Any person who submits a written request to receive a notice, and

d.

Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the city. The city may notify other affected agencies, as appropriate, for review of the application;

2.

The purpose of the notice is to give nearby property owners and other interested people the opportunity to submit written comments about the application, before the Type II decision is made. The goal of this notice is to invite people to participate early in the decision-making process;

3.

Notice of a pending Type II administrative decision shall:

a.

Provide a fourteen-day period for submitting written comments before a decision is made on the permit,

b.

List the relevant approval criteria by name and number of code sections,

c.

State the place, date and time the comments are due, and the person to whom the comments should be addressed,

d.

Include the name and telephone number of a contact person regarding the administrative decision,

e.

Identify the specific permits or approvals requested,

f.

Describe the street address or other easily understandable reference to the location of the site,

g.

State that if any person fails to address the relevant approval criteria with enough detail, they may not be able to appeal to the Land Use Board of Appeals or circuit court on that issue. Only comments on the relevant approval criteria are considered relevant evidence,

h.

State that all evidence relied upon by the city recorder to make this decision is in the public record, available for public review. Copies of this evidence can be obtained at a reasonable cost from the city,

i.

State that after the comment period closes, the city recorder shall issue a Type II administrative decision. The decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice,

j.

Contain the following notice: "Notice to mortgagee, lienholder, vendor, or seller: The City of Cave Junction Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser."

C.

Administrative Decision Requirements. The city recorder shall make Type II written decisions addressing all of the relevant approval criteria and standards. Based upon the criteria and standards, and the facts contained within the record, the city recorder shall approve, approve with conditions, or deny the requested permit or action.

D.

Notice of Decision.

1.

Within five days after the city recorder signs the decision, a notice of decision shall be mailed to:

a.

Any person who submits a written request to receive notice , or provides comments during the application review period,

b.

The applicant and all owners or contract purchasers of record of the site which is the subject of the application,

c.

Any person who submits a written request to receive notice, or provides comments during the application review period,

d.

Any city-recognized neighborhood group or association whose boundaries include the site,

e.

Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the city, and other agencies which were notified or provided comments during the application review period;

2.

The city recorder shall cause an affidavit of mailing of the notice to be prepared and made a part of the file. The affidavit shall show the date the notice was mailed, and shall demonstrate that the notice was mailed to the people and within the time required by law;

3.

The Type II notice of decision shall contain:

a.

A description of the applicant's proposal and the city's decision on the proposal (i.e., may be a summary),

b.

The address or other geographic description of the property proposed for development, including a map of the property in relation to the surrounding area, where applicable,

c.

A statement of where the city's decision can be obtained,

d.

The date the decision shall become final, unless a request for public hearing is filed,

e.

A statement that all persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision may request a public hearing, and

f.

A statement briefly explaining how a request for public hearing can be filed, the deadline for filing the request for hearing, and where further information can be obtained concerning the hearings process.

E.

Final Decision and Effective Date. A Type II administrative decision is effective on the day after the request for public hearing expires. If a request for hearing is filed, the decision is not final until after the planning commission appeal period expires.

F.

Request for Public Hearing. A Type II administrative decision may be referred to the planning commission/city council as follows:

1.

Who may Request a Hearing. The following people have legal standing to request a public hearing:

a.

The applicant,

b.

Any person who was mailed written notice of the Type II administrative decision, or can demonstrate being adversely aggrieved,

c.

Any other person who participated in the proceeding by submitting written comments;

2.

Request for Public Hearing Procedure.

a.

Notice of Request for Public Hearing. Any person with standing, as provided in subsection, (F)(1) of this section, may request a public hearing according to the following procedures;

i.

Time for Filing. A request for public hearing shall be filed with the city recorder within fourteen days of the date the notice of decision was mailed,

ii.

Content of a Request for Public Hearing. A request for public hearing shall contain:

(A)

An identification of the decision from which the decision is being appealed, including the date of the decision,

(B)

A statement demonstrating the person filing the request for public hearing has standing to request the hearing,

(C)

Filing Fee. The amount of the filing fee shall be established by the city. The maximum fee for an initial hearing shall be the city's cost for preparing and for conducting the hearing, or the statutory maximum, whichever is less.

G.

Appeal to City Council. The decision of the planning commission regarding a request for hearing for a Type II administrative decision is the final decision of the city unless appealed to the city council. An appeal to city council shall follow the notification procedures outlined in this subsection, but shall be limited to the record established during the planning commission hearings process.

1.

Notice of Appeal. Any person with standing to appeal, as provided in this subsection, may appeal a planning commission decision by filing a notice of appeal according to the following procedures:

a.

Time for Filing. A notice of appeal shall be filed with the city within fourteen days of the date the notice of decision was mailed,

b.

Content of the Notice of Appeal. The notice of appeal shall contain:

i.

An identification of the decision being appealed, including the date of decision,

ii.

A statement demonstrating the person filing the notice of appeal has standing to appeal,

iii.

A statement explaining the specific issues raised on appeal,

iv.

A statement demonstrating that the appeal issues were raised prior to the planning commission decision.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

A.

Preapplication Conference. A preapplication conference may be required for Type III applications. The requirements and procedures for a preapplication conference are described in Section 17.14.080(C).

B.

Application Requirements.

1.

Application Forms. Type III applications shall be made on forms provided by the city recorder;

2.

Content. Type III applications shall:

a.

Include the information requested on the application form,

b.

Be filed with copies of a narrative statement that explains how the application satisfies each and all of the relevant criteria in sufficient detail for review and action,

c.

Be accompanied by the required fee,

d.

Include an impact study for all Type III applications. The impact study shall quantify/assess the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including pedestrian ways and bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet city standards and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where this code requires the dedication of real property to the city, the applicant shall either specifically agree to the dedication requirement, or provide evidence that permits the city to find that the real property dedication requirement is not roughly proportional to the projected impacts of the development.

C.

Notice of Hearing.

1.

Mailed Notice. Notice of a hearing shall be given by the city recorder in the following manner:

a.

At least twenty days before the hearing date, notice shall be mailed to:

i.

The applicant and all owners or contract purchasers of record of the property which is the subject of the application,

ii.

All property owners of record within three hundred feet of the site,

iii.

Any governmental agency which has entered into an intergovernmental agreement with the city which includes provision for such notice, or who is otherwise entitled to such notice,

iv.

Any neighborhood or community organization recognized by the city council and whose boundaries include the property proposed for development,

v.

Any person who submits a written request to receive notice,

vi.

For requests for hearing, the party requesting the hearing and all persons who provided testimony, and

vii.

For a land use district change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175;

b.

The city recorder shall have an affidavit of notice be prepared and made a part of the file. The affidavit shall state the date that the notice was mailed to the persons who must receive notice,

c.

At least ten business days before the hearing, notice of the hearing shall be printed in a newspaper of general circulation in the city. A copy of the published notice shall be made part of the administrative record;

2.

Content of Notice. Notice of a hearing to be mailed and published per subsection (C)(1) of this section shall contain the following information:

a.

The nature of the application and the proposed land use or uses which could be authorized for the property,

b.

The applicable criteria and standards from the development code(s) that apply to the application,

c.

The street address or other easily understood geographical reference to the subject property,

d.

The date, time, and location of the public hearing,

e.

A statement that the failure to raise an issue in person, or by letter at the hearing, or failure to provide statements or evidence sufficient to afford the decision-maker an opportunity to respond to the issue, means that an appeal based on that issue cannot be filed with the State Land Use Board of Appeals,

f.

The name of a city representative to contact and the telephone number where additional information on the application may be obtained,

g.

A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and the applicable criteria and standards can be reviewed at City Hall at no cost and that copies shall be provided at a reasonable cost,

h.

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,

i.

A general explanation of the requirements to submit testimony, and the procedure for conducting public hearings,

j.

The following notice: "Notice to mortgagee, lienholder, vendor, or seller: The Cave Junction Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser."

D.

Conduct of the Public Hearing.

1.

At the commencement of the hearing, the hearings body shall state to those in attendance that:

a.

The applicable approval criteria and standards that apply to the application or appeal,

b.

A statement that testimony and evidence shall concern the approval criteria described in the staff report, or other criteria in the comprehensive plan or land use regulations which the person testifying believes to apply to the decision,

c.

A statement that failure to raise an issue with sufficient detail to give the hearings body and the parties an opportunity to respond to the issue, means that no appeal may be made to the State Land Use Board of Appeals on that issue;

d.

Before the conclusion of the initial evidentiary hearing, any participant may ask the hearings body for an opportunity to present additional relevant evidence or testimony that is within the scope of the hearing. The hearings body shall grant the request by scheduling a date to finish the hearing (a "continuance") per subsection (D)(2) of this section, or by leaving the record open for additional written evidence or testimony per subsection (D)(3) of this section;

2.

If the hearings body grants a continuance, the completion of the hearing shall be continued to a date, time, and place at least seven days after the date of the first evidentiary hearing. An opportunity shall be provided at the second hearing for persons to present and respond to new written evidence and oral testimony. If new written evidence is submitted at the second hearing, any person may request, before the conclusion of the second hearing, that the record be left open for at least seven days, so that they can submit additional written evidence or testimony in response to the new written evidence;

3.

If the hearings body leaves the record open for additional written evidence or testimony, the record shall be left open for at least seven days after the hearing. Any participant may ask the city in writing for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed, the hearings body shall reopen the record per subsection E of this section;

a.

When the planning commission or hearings officer reopens the record to admit new evidence or testimony, any person may raise new issues which relates to that new evidence or testimony,

b.

An extension of the hearing or record granted pursuant to subsection D is subject to the limitations of ORS 227.178 ("one hundred twenty-day rule"), unless the continuance or extension is requested or agreed to by the applicant,

c.

If requested by the applicant, the city shall allow the applicant at least seven days after the record is closed to all other persons to submit final written arguments in support of the application, unless the applicant expressly waives this right. The applicant's final submittal shall be part of the record but shall not include any new evidence;

4.

The Record.

a.

The record shall contain all testimony and evidence that is submitted to the city and the hearings body and not rejected,

b.

The hearings body may take official notice of judicially cognizable facts under the applicable law. If the review authority takes official notice, it must announce its intention and allow persons participating in the hearing to present evidence concerning the noticed facts,

c.

The review authority shall retain custody of the record until the city issues a final decision;

5.

Participants in the hearing are entitled to an impartial review authority as free from potential conflicts of interest and prehearing ex parte contacts (see subsection (D)(6) of this section) as reasonably possible. However, the public has a countervailing right of free access to public officials. Therefore:

a.

At the beginning of the public hearing, hearings body members shall disclose the substance of any prehearing ex parte contacts (as defined in subsection (D)(6) of this section) concerning the application or appeal. He or she shall state whether the contact has impaired their impartiality or their ability to vote on the matter and shall participate or abstain accordingly,

b.

A member of the hearings body shall not participate in any proceeding in which they, or any of the following, has a direct or substantial financial interest: Their spouse, brother, sister, child, parent, father-in-law, mother-in-law, partner, any business in which they are then serving or have served within the previous two years, or any business with which they are negotiating for or have an arrangement or understanding concerning prospective partnership or employment. Any actual or potential interest shall be disclosed at the hearing where the action is being taken,

c.

Disqualification of a member of the hearings body due to contacts or conflict may be ordered by a majority of the members present and voting. The person who is the subject of the motion may not vote on the motion to disqualify;

6.

Ex Parte Communications.

a.

Members of the hearings body shall not:

i.

Communicate, directly or indirectly, with any applicant, appellant, other party to the proceedings, or representative of a party about any issue involved in a hearing, except upon giving notice, per subsection (D)(5) of this section,

ii.

Take official notice of any communication, report, or other materials outside the record prepared by the proponents or opponents in connection with the particular case, unless all participants are given the opportunity to respond to the noticed materials;

b.

No decision or action of the hearings body shall be invalid due to ex parte contacts or bias resulting from ex parte contacts, if the person receiving contact:

i.

Places in the record the substance of any written or oral ex parte communications concerning the decision or action, and

ii.

Makes a public announcement of the content of the communication and of all participants' right to dispute the substance of the communication made. This announcement shall be made at the first hearing following the communication during which action shall be considered or taken on the subject of the communication;

c.

A communication between city staff and the hearings body is not considered an ex parte contact;

7.

Presenting and Receiving Evidence.

a.

The hearings body may set reasonable time limits for oral presentations and may limit or exclude cumulative, repetitious, irrelevant, or personally derogatory testimony or evidence,

b.

No oral testimony shall be accepted after the close of the public hearing. Written testimony may be received after the close of the public hearing, only as provided in subsection D,

c.

Members of the hearings body may visit the property and the surrounding area, and may use information obtained during the site visit to support their decision, if the information relied upon is disclosed at the hearing and an opportunity is provided to dispute the evidence. In the alternative, a member of the hearings body may visit the property to familiarize him or herself with the site and surrounding area, but not to independently gather evidence. In the second situation, at the beginning of the hearing, he or she shall disclose the circumstances of the site visit and shall allow all participants to ask about the site visit.

E.

The Decision Process.

1.

Basis for Decision. Approval or denial shall be based on standards and criteria in the municipal code. The standards and criteria shall relate approval or denial of a discretionary development permit application to the development regulations and, when appropriate, to the comprehensive plan for the area in which the development would occur and to the development regulations and comprehensive plan for the city as a whole;

2.

Findings and Conclusions. Approval or denial shall be based upon the criteria and standards considered relevant to the decision. The written decision shall explain the relevant criteria and standards, state the facts relied upon in rendering the decision, and justify the decision according to the criteria, standards, and facts;

3.

Form of Decision. The hearings body shall issue a final written order containing the findings and conclusions stated in subsection (E)(2) of this section, which either approves, denies, or approves with specific conditions. The hearings body may also issue appropriate intermediate rulings when more than one permit or decision is required;

4.

Decision-Making Time Limits. A final order for any action shall be filed with the city recorder within ten business days after the close of the deliberation.

F.

Notice of Decision. Written notice of a Type II administrative appeal decision or a Type III decision shall be mailed to the applicant and to all participants of record within five business days after the hearings body decision. Failure of any person to receive mailed notice shall not invalidate the decision, provided that a good faith attempt was made to mail the notice.

G.

Final Decision and Effective Date. The decision of the hearings body on any Type II appeal or any Type III application is final for purposes of appeal on the date it is mailed by the city. The decision is effective on the day after the appeal period expires. If an appeal is filed, the decision becomes effective on the day after the appeal is decided by the city council. The notification and hearings procedures for Type III applications on appeal to the city council shall be the same as for the initial hearing.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

A.

Preapplication Conference. A preapplication conference may be required for Type IV applications. The requirements and procedures for a preapplication conference are described in 17.14.080(C).

B.

Application Requirements.

1.

Application Forms. Type IV applications shall be made on forms provided by the city recorder;

2.

Submittal Information. The application shall contain:

a.

The information requested on the application form,

b.

A map and/or plan addressing the appropriate criteria and standards in sufficient detail for review and decision (as applicable),

c.

The required fee, and

d.

A letter or narrative statement that explains how the application satisfies each and all of the relevant approval criteria and standards.

C.

Notice of Hearing.

1.

Required Hearings. A minimum of two hearings, one before the planning commission and one before the city council, are required for all Type IV applications, except annexations where only a hearing by the city council is required;

2.

Notification Requirements. Notice of public hearings for the request shall be given by the city recorder in the following manner:

a.

At least twenty days, but not more than forty 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 that proposes to rezone property, a notice shall be prepared in conformance with ORS 227.175 and mailed to:

i.

Each owner whose property would be rezoned in order to implement the ordinance (i.e., owners of property subject to a comprehensive plan amendment shall be notified if a zone change would be required to implement the proposed comprehensive plan amendment),

ii.

Any affected governmental agency,

iii.

Recognized neighborhood groups or associations affected by the ordinance,

iv.

Any person who requests notice in writing,

v.

For a zone change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175;

b.

At least ten days before the scheduled planning commission public hearing date, and ten days before the city council hearing date, notice shall be published in a newspaper of general circulation in the city,

c.

The city recorder shall:

i.

For each mailing of notice, file an affidavit of mailing in the record as provided by subsection (C)(2)(a) of this section, and

ii.

For each published notice, file in the record the affidavit of publication in a newspaper that is required in subsection (C)(2)(b) of this section;

d.

The Department of Land Conservation and Development (DLCD) shall be notified in writing of proposed comprehensive plan and development code amendments at least forty-five days before the first public hearing at which public testimony or new evidence will be received,

e.

Notifications for annexation shall follow the provisions of this chapter, except as required for local government boundary commissions (ORS 199);

3.

Content of Notices. The mailed and published notices shall include the following information:

a.

The number and title of the file containing the application, and the address and telephone number of the city recorder office where additional information about the application can be obtained,

b.

A description of the location of the proposal reasonably calculated to give notice of the location of the geographic area,

c.

A description of the proposal in enough detail for people to determine what change is proposed, and the place where all relevant materials and information may be obtained or reviewed,

d.

The time(s), place(s), and date(s) of the public hearing(s); a statement that public oral or written testimony is invited; and a statement that the hearing will be held under this title and rules of procedure adopted by the council and available at City Hall (See subsection D of this section), and

e.

Each mailed notice required by subsection C shall contain the following statement: "Notice to mortgagee, lienholder, vendor, or seller: The City of Cave Junction Municipal Code requires that if you receive this notice it shall be promptly forwarded to the purchaser;"

4.

Failure to Receive Notice. The failure of any person to receive notice shall not invalidate the action, providing:

a.

Personal notice is deemed given where the notice is deposited with the United States Postal Service,

b.

Published notice is deemed given on the date it is published.

D.

Hearing Procedure.

1.

Unless otherwise provided in the rules of procedure adopted by the city council:

a.

The presiding officer of the planning commission and of the city council shall have the authority to:

i.

Regulate the course, sequence, and decorum of the hearing,

ii.

Direct procedural requirements or similar matters, and

iii.

Impose reasonable time limits for oral presentations;

b.

No person shall address the commission or the council without:

i.

Receiving recognition from the presiding officer, and

ii.

Stating their full name and residence address;

c.

Disruptive conduct such as applause, cheering, or display of signs shall be cause for expulsion of a person or persons from the hearing, termination or continuation of the hearing, or other appropriate action determined by the presiding officer;

2.

Unless otherwise provided in the rules of procedures adopted by the council, the presiding officer of the commission and of the council shall conduct the hearing as follows:

a.

The presiding officer shall begin the hearing with a statement of the nature of the matter before the body, a general summary of the procedures, a summary of the standards for decision-making, and whether the decision which will be made is a recommendation to the city council or the final decision of the council,

b.

The city recorder's report and other applicable staff reports shall be presented,

c.

The public shall be invited to testify,

d.

The public hearing may be continued to allow additional testimony or it may be closed, and

e.

The body's deliberation may include questions to the staff, comments from the staff, and inquiries directed to any person present.

E.

Continuation of the Public Hearing. The planning commission or the city council may continue any hearing, and no additional notice of hearing shall be required if the matter is continued to a specified place, date, and time.

F.

Decision-Making Considerations. The recommendation by the planning commission and the decision by the city council shall be based on consideration of the following factors:

1.

The statewide planning goals and guidelines adopted under Oregon Revised Statutes Chapter 197 (for comprehensive plan amendments only);

2.

Comments from any applicable federal or state agencies regarding applicable statutes or regulations;

3.

Any applicable intergovernmental agreements; and

4.

Any applicable comprehensive plan policies and provisions of this code that implement the comprehensive plan. Compliance with Article VII of this chapter shall be required for comprehensive plan amendments, and land use district map and text amendments.

G.

Approval Process and Authority.

1.

The planning commission shall:

a.

After notice and a public hearing, vote on and prepare a recommendation to the city council to approve, approve with modifications, approve with conditions, deny the proposed change, or adopt an alternative, and

b.

Within ten business days of determining a recommendation, the presiding officer shall sign the written recommendation, and it shall be filed with the city recorder;

2.

Any member of the planning commission who votes in opposition to the planning commission's majority recommendation may file a written statement of opposition with the city recorder before the council public hearing on the proposal. The city recorder shall send a copy to each council member and place a copy in the record;

3.

If the planning commission fails to adopt a recommendation to approve, approve with modifications, approve with conditions, deny the proposed change, or adopt an alternative proposal, within sixty days of its first public hearing on the proposed change, the city recorder shall:

a.

Report the failure together with the proposed change to the city council, and

b.

Provide notice and put the matter on the city council's agenda for a public hearing and a decision to be made by the council. No further action shall be taken by the commission;

4.

The city council shall:

a.

Approve, approve with modifications, approve with conditions, deny, or adopt an alternative to an application for legislative change, or remand the application to the planning commission for rehearing and reconsideration on all or part of the application,

b.

Consider the recommendation of the planning commission; however, it is not bound by the commission's recommendation, and

c.

Act by ordinance, which shall be signed by the mayor after the council's adoption of the ordinance codified in this chapter.

H.

Vote Required for a Legislative Change.

1.

A vote by a majority of the qualified voting members of the planning commission present is required for a recommendation for approval, approval with modifications, approval with conditions, denial, or adoption of an alternative;

2.

A vote by a majority of the qualified members of the city council present is required to decide any motion made on the proposal.

I.

Notice of Decision. Notice of a Type IV decision shall be mailed to the applicant, all participants of record, and the department of land conservation and development, within five business days after the city council decision is filed with the city recorder. The city shall also provide notice to all persons as required by other applicable laws.

J.

Final Decision and Effective Date. A Type IV 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.

K.

Record of the Public Hearing.

1.

A verbatim record of the proceeding shall be made by stenographic, mechanical, or electronic means. It is not necessary to transcribe an electronic record. The minutes and other evidence presented as a part of the hearing shall be part of the record;

2.

All exhibits received and displayed shall be marked to provide identification and shall be part of the record;

3.

The official record shall include:

a.

All materials considered by the hearings body,

b.

All materials submitted by the city recorder to the hearings body regarding the application,

c.

The verbatim record made by the stenographic, mechanical, or electronic means; the minutes of the hearing; and other documents considered,

d.

The final ordinance,

e.

All correspondence; and

f.

A copy of the notices which were given as required by this chapter.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

A.

One hundred twenty-day Rule. The city shall take final action on permit applications which are subject to this chapter, including resolution of all appeals, within one hundred twenty days from the date the application is deemed as complete. Any exceptions to this rule shall conform to the provisions of ORS 227.178. (The one hundred twenty-day rule does not apply to Type IV legislative decisions - plan and code amendments - under ORS 227.178).

B.

Time Computation. In computing any period of time prescribed or allowed by this chapter, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday or legal holiday, including Sunday, in which event, the period runs until the end of the next day which is not a Saturday or legal holiday.

C.

Preapplication Conferences.

1.

Participants. When a preapplication conference is required, the applicant shall meet with the city recorder or his or her designee(s);

2.

Information Provided. At such conference, the city recorder shall:

a.

Cite the comprehensive plan policies and map designations applicable to the proposal,

b.

Cite the ordinance provisions, including substantive and procedural requirements applicable to the proposal,

c.

Provide available technical data and assistance which will aid the applicant,

d.

Identify other governmental policies and regulations that relate to the application, and

e.

Reasonably identify other opportunities or constraints concerning the application;

3.

Disclaimer. Failure of the city recorder or his or her designee to provide any of the information required by this subsection C shall not constitute a waiver of any of the standards, criteria or requirements for the application;

4.

Changes in the Law. Due to possible changes in federal, state, regional, and local law, the applicant is responsible for ensuring that the application complies with all applicable laws on the day the application is deemed complete.

D.

Applications.

1.

Initiation of Applications.

a.

Applications for approval under this chapter may be initiated by:

i.

Order of city council,

ii.

Resolution of the planning commission,

iii.

The city recorder,

iv.

A record owner of property (person(s) whose name is on the most recently recorded deed), or contract purchaser with written permission from the record owner;

b.

Any person authorized to submit an application for approval may be represented by an agent authorized in writing to make the application on their behalf.

2.

Consolidation of Proceedings. When an applicant applies for more than one type of land use or development permit (e.g., Type II and III) for the same one or more parcels of land, the proceedings shall be consolidated for review and decision:

a.

If more than one approval authority would be required to decide on the applications if submitted separately, then the decision shall be made by the approval authority having original jurisdiction over one of the applications in the following order of preference: the council, the commission, or the city recorder,

b.

When proceedings are consolidated:

i.

The notice shall identify each application to be decided,

ii.

The decision on a plan map amendment shall precede the decision on a proposed land use district change and other decisions on a proposed development. Similarly, the decision on a zone map amendment shall precede the decision on a proposed development and other actions, and

iii.

Separate findings and decisions shall be made on each application;

3.

Check for Acceptance and Completeness. In reviewing an application for completeness, the following procedure shall be used:

a.

Acceptance. When an application is received by the city, the city recorder shall immediately determine whether the following essential items are present. If the following items are not present, the application shall not be accepted and shall be immediately returned to the applicant:

i.

The required form,

ii.

The required fee,

iii.

The signature of the applicant on the required form, and signed written authorization of the property owner of record if the applicant is not the owner;

b.

Completeness.

i.

Review and Notification. After the application is accepted, the city recorder shall review the application for completeness. If the application is incomplete, the city recorder shall notify the applicant in writing of exactly what information is missing within thirty days of receipt of the application and allow the applicant one hundred eighty days to submit the missing information,

ii.

When application deemed complete for review. In accordance with the application submittal requirements of this chapter, the application shall be deemed complete upon the receipt by the city recorder of all required information. The applicant shall have the option of withdrawing the application, or refusing to submit information requested by the city recorder in subsection (D)(1) of this section. For the refusal to be valid, the refusal shall be made in writing and received by the city recorder no later than fourteen days after the date on the city recorder's letter of incompleteness. If the applicant refuses in writing to submit the missing information, the application shall be deemed complete on 31st day after the city recorder first accepted the application,

iii.

Standards and criteria that apply to the application. Approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first accepted;

4.

Changes or additions to the application during the review period. Once an application is deemed complete:

a.

All documents and other evidence relied upon by the applicant shall be submitted to the city recorder at least seven days before the notice of action or hearing is mailed, if possible. Documents or other evidence submitted after that date shall be received by city recorder, and transmitted to the hearings body, but may be too late to include with the staff report and evaluation,

b.

When documents or other evidence are submitted by the applicant during the review period, but after the application is deemed complete, the assigned review person or body shall determine whether or not the new documents or other evidence submitted by the applicant significantly change the application,

c.

If the assigned reviewer determines that the new documents or other evidence significantly change the application, the reviewer shall include a written determination that a significant change in the application has occurred as part of the decision. In the alternate, the reviewer may inform the applicant either in writing, or orally at a public hearing, that such changes may constitute a significant change (see subsection (D)(4)(d) of this section), and allow the applicant to withdraw the new materials submitted, in order to avoid a determination of significant change,

d.

If the applicant's new materials are determined to constitute a significant change in an application that was previously deemed complete, the city shall take one of the following actions, at the choice of the applicant:

i.

Suspend the existing application and allow the applicant to submit a new application with the proposed significant changes. Before the existing application can be suspended, the applicant must consent in writing to waive the one hundred twenty-day rule (subsection A of this section) on the existing application. If the applicant does not consent, the city shall not select this option,

ii.

Reject the new documents or other evidence that has been determined to constitute a significant change, and continue to process the existing application without considering the materials that would constitute a significant change. The city will complete its decision-making process without considering the new evidence;

e.

If a new application is submitted by the applicant, that application shall be subject to a separate check for acceptance and completeness and will be subject to the standards and criteria in effect at the time the new application is accepted.

E.

City Recorder's Duties. The city recorder shall:

1.

Prepare application forms based on the criteria and standards in applicable state law, the city's comprehensive plan, and implementing ordinance provisions; 2. Accept all development applications which comply with this section;

3.

Prepare a staff report that summarizes the application(s) and applicable decision criteria, and provides findings of conformance and/or non-conformance with the criteria. The staff report should also provide a recommended decision of: approval; denial; or approval with specific conditions that ensure conformance with the approval criteria:

a.

In the case of an application subject to a Type I or II review process, the city recorder shall make the staff report and all case file materials available at the time that the notice of the decision is issued,

b.

In the case of an application subject to a hearing (Type III or IV process), the city recorder shall make the staff report available to the public at least seven days prior to the scheduled hearing date, and make the case file materials available when notice of the hearing is mailed, as provided by Sections 17.14.050(D) (Type II), 17.14.060(C)(Type III), or 17.14.070(C) (Type IV);

4.

Administer the hearings process;

5.

File notice of the final decision in the city's records and mail a copy of the notice of the final decision to the applicant; all persons who provided comments or testimony; persons who requested copies of the notice; and any other persons entitled to notice by law;

6.

Maintain and preserve the file for each application for the time period required by law. The file shall include, as applicable, a list of persons required to be given notice and a copy of the notice given; the affidavits of notice; the application and all supporting information; the staff report; the final decision including the findings, conclusions and conditions, if any; all correspondence; minutes of any meeting at which the application was considered; and any other exhibit, information or documentation which was considered by the decision-maker(s) on the application; and

7.

Administer the appeals and review process.

F.

Amended Decision Process.

1.

The purpose of an amended decision process is to allow the city recorder to correct typographical errors, rectify inadvertent omissions and/or make other minor changes which do not materially alter the decision;

2.

The city recorder may issue an amended decision after the notice of final decision has been issued but before the appeal period has expired. If such a decision is amended, the decision shall be issued within ten business days after the original decision would have become final, but in no event beyond the one hundred twenty-day period required by state law. A new ten-day appeal period shall begin on the day the amended decision is issued.

3.

Notice of an amended decision shall be given using the same mailing and distribution list as for the original decision notice;

4.

Modifications to approved plans or conditions of approval requested by the applicant shall follow the procedures contained in Article IV Section 17.14.250. All other requested changes to decisions that do not qualify as minor or major modifications shall follow the appeal process.

G.

Resubmittal of Application Following Denial. An application which has been denied, or an application which was denied and which on appeal or review has not been reversed by a higher authority, including the Land Use Board of Appeals, the land conservation and development commission or the courts, may not be resubmitted as the same or a substantially similar proposal for the same land for a period of at least twelve months from the date the final city action is made denying the application, unless there is substantial change in the facts or a change in city policy which would change the outcome, as determined by the city recorder.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

A.

Expedited Land Divisions. An Expedited Land Division ("ELD") shall be defined and may be used as in ORS 197.360 which is expressly adopted and incorporated by reference here:

1.

Selection. An applicant who wishes to use an ELD procedure for a partition, subdivision or planned development instead of the regular procedure type assigned to it, must request the use of the ELD in writing at the time the application is filed, or forfeit his or her right to use it;

2.

Review Procedure. An ELD shall be reviewed in accordance with the procedures in ORS 197.365;

3.

Appeal Procedure. An appeal of an ELD shall be in accordance with the procedures in ORS 197.375.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

No building or structure or other improvement such as parking lots or paving, subject to the provisions of this title, shall be constructed, erected, reconstructed, changed in use, moved, extended, enlarged or altered without prior issuance of a zoning clearance permit by the planning commission. The zoning clearance permit is intended as a mechanism to notify the county building safety department (the agency responsible for issuing building permits) whether the proposed use or construction is in compliance with this title. The city may determine that a zone change, conditional use permit, temporary permit, or variance must be obtained prior to the issuance of a zoning clearance permit.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

A.

The planning commission shall have the authority to approve, approve with conditions, disapprove or revoke a zoning clearance permit.

B.

This authority may be delegated to a three-member panel consisting of the planning commission secretary, public works director and city recorder, for minor development applications. Minor development applications, as defined in Section 17.14.140, can normally be processed over-the-counter.

C.

This authority may be delegated to the planning site review committee consisting of the public works director, planning secretary, city recorder, planning and/or engineering consultants and any others as selected by the mayor and city council, for major development applications. Major development applications, as defined in Section 17.14.150, will normally require review by the planning site review committee.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

The approving authority must find the following in order to grant a zoning clearance permit:

A.

The proposed development is a permitted use under this title;

B.

Compliance with all provisions of this title;

C.

All buildings, facilities, access points, parking and loading facilities, signs, lighting, and walls or fences are so arranged that traffic congestion is avoided and pedestrian and vehicular traffic safety and welfare are protected;

D.

No building or structure shall be located in proposed street rights-of-way as provided by the official street map of the city as adopted by the council;

E.

Applicant has granted utility, access or right-of-way easements as required or requested by the city that may be caused or needed as a result of the requested development or improvement.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

Minor development includes single-family dwellings, including manufactured housing used as a single-family dwelling, and accessory structures thereto such as garages and carports, decks and porches, sheds and fences within the single-family residential district. Additions to these types of developments are also included under minor development.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

Development which requires planning site review committee review and includes the following:

A.

All commercial development, both new structures and additions;

B.

All multi-family development, including duplexes;

C.

Any combination of uses and zoning districts not listed under Section 17.16.010 of this title.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

Application for a zoning clearance permit shall be made to the city, accompanied by a fee to be set by the city council. No part of the fee is refundable. A site plan of the proposed development is also required. The site plan shall be drawn to scale and include the following information:

A.

For minor development, the site plan shall include the following:

1.

Dimensions and orientation of the parcel;

2.

Location and number of stories of buildings and structures, both existing and proposed;

3.

Other pertinent information as may be requested by the planning commission.

B.

For major development, the site plan shall include the following as applicable:

1.

Dimensions and orientation of the parcel;

2.

Location and number of stories of buildings and structures, both existing and proposed;

3.

Location and layout of off-street parking and loading facilities;

4.

Location of points of entry and exit for motor vehicles and internal circulation pattern;

5.

Location of walls and fences and indications of their height and materials of construction;

6.

Indications of exterior lighting on the building or on independent structures;

7.

Location and size of exterior signs and outdoor advertising, both building mounted and on independent structures;

8.

Location, dimensions and uses for all existing and proposed easements on and/or serving the parcel;

9.

Grading and slopes of the site with particular attention to controlling storm drainage;

10.

Indication of proposed uses of buildings on the site;

11.

Any other architectural or engineering data as may be required to permit necessary findings that the provisions of this title are complied with.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

The applicant or any interested party may appeal a denial to the city council in the form prescribed by the city council.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

A zoning clearance permit shall become void after one year after approval, unless within that time, the building construction, alteration, enlargement or improvement has commenced and diligently pursued or, if no such construction, alteration or enlargement is included, the permitted activity has been regularly conducted on the premises. The planning commission may only extend the permit for one additional year.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

The planning commission, on its own motion, may revoke any zoning clearance permit for noncompliance with any provisions set forth in this title after first holding a public hearing and giving notice of such hearing. The foregoing shall not be the exclusive remedy. It is unlawful and punishable for anyone to violate any provision of this chapter.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

The purpose of this chapter is to:

A.

Provide rules, regulations, and standards for efficient and effective administration of site development review;

B.

Carry out the development pattern and plan of the city and its comprehensive plan policies;

C.

Promote the public health, safety, and general welfare;

D.

Lessen or avoid congestion in the streets, and secure safety from fire, flood, pollution and other dangers;

E.

Provide adequate light and air, prevent overcrowding of land, and facilitate adequate provision for transportation, water supply, sewage and drainage;

F.

Encourage the conservation of energy resources; and

G.

Encourage efficient use of land resources, full utilization of urban services, mixed uses, transportation options, and detailed, human scaled design.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

Development review or site plan review shall be required for all new developments and modifications of existing developments, except that regular maintenance, repair and replacement of materials (e.g., roof, siding, awnings, etc.), parking resurfacing, and similar maintenance and repair shall be exempt. The criteria for each type of review are as follows:

A.

Site Plan Review. Site plan review is a discretionary review conducted by the planning commission with a public hearing. (See Article II of this chapter, Review Procedure.) It applies to all developments in the city, except those specifically listed under subsection B of this section (Development Review). Site plan review ensures compliance with the basic development standards of the land use district (e.g., building setbacks, lot coverage, maximum building height), as well as the more detailed design standards and public improvement requirements in Chapters 16.20 and 16.24;

B.

Development Review. Development review is a non-discretionary or "ministerial" review conducted by the city recorder without a public hearing. (Article II of this chapter, Review Procedure.) It is for less complex developments and land uses that do not require site plan review approval. Development review is based on clear and objective standards and ensures compliance with the basic development standards of the land use district, such as building setbacks, lot coverage, maximum building height, and similar provisions of Chapter 17.16. Development review is required for all of the types of development listed below, except that all developments in sensitive land areas and historic districts shall also use the development review procedures for those districts:

1.

Single-family detached dwelling (including manufactured homes), when required by a condition of land division approval;

2.

A single duplex, up to two single-family attached (townhome) units, or a single triplex which is not being reviewed as part of any other development, and accessory parking on the same lot;

3.

Building additions of not more than twenty percent, and minor modifications to development approvals as defined by Article VI of this chapter;

4.

Any proposed development which has a valid conditional use permit. Major modifications to a development with a conditional use permit shall require review and approval in accordance with Article IV of this chapter, Conditional Use Permits;

5.

Home occupation, subject to review under Article IX of this chapter;

6.

Temporary use, except that temporary uses shall comply with the procedures and standards for temporary uses as contained in Article IX of this chapter;

7.

Accessory structures with less than one hundred twenty square feet of floor area, including accessory dwellings;

8.

Other developments, when required by a condition of approval.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

Development review shall be conducted only for the developments listed in Section 17.14.210(B) of this chapter, and it shall be conducted as a Type I procedure, as described in Section 17.14.040. Prior to issuance of building permits, the following standards shall be met:

A.

The proposed land use is permitted by the underlying land use district (Section 17.14.370);

B.

The land use, building/yard setback, lot area, lot dimension, density, lot coverage, building height and other applicable standards of the underlying land use district and any sub-district(s) are met (Section 17.14.370);

C.

All applicable building and fire code standards are met; and

D.

The approval shall lapse, and a new application shall be required, if a building permit has not been issued within one year of site review approval, or if development of the site is in violation of the approved plan or other applicable codes.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

Site plan review shall be conducted as a Type III procedure as specified in subsection A of this section using the procedures in Article II of this chapter, and using the approval criteria contained in Section 17.14.250.

A.

Site Plan Review - Determination of Type II and Type III Applications. Applications for site plan review shall be subject to Type II or Type III review, based on the following criteria:

1.

Residential buildings with more than one and no more than four dwelling units shall be reviewed as a Type II application, except when development review is allowed under Section 17.14.130. Residential buildings with greater than four units shall be reviewed as a Type III application;

2.

Commercial, industrial, public/semi-public, and institutional buildings with one thousand two hundred square feet of gross floor area or smaller shall be reviewed as a Type I application, except when development review is allowed under Section 17.14.130. Commercial, industrial, public/semi-public, and institutional buildings with greater than one thousand two hundred square feet of gross floor area shall be reviewed as a Type III application;

3.

Developments with more than one building (e.g., two duplex buildings or an industrial building with accessory workshop) shall be reviewed as Type II applications, notwithstanding the provisions contained in subsections (A)(1) and (A)(2) of this section;

4.

Developments with four to twelve off-street vehicle parking spaces in conformance with Section 17.32.020 shall be reviewed as Type II applications, and those with more than twelve off-street vehicle parking spaces shall be reviewed as Type III applications, notwithstanding the provisions contained in subsections (A)(1) through (A)(3), (A)(5) and (A)(6) of this section;

5.

Developments involving the clearing and/or grading of 0.25 acre or a larger area shall be reviewed as Type III applications, notwithstanding the provisions contained in subsections (A)(1) though (A)(4) and (A)(6) of this section;

6.

All developments in designated sensitive lands and historic overlay districts shall be reviewed as Type III applications.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

All of the following information is required for site plan review application submittal:

A.

General Submission Requirements. The applicant shall submit an application containing all of the general information required by Section 17.14.050 (Type II application) or 17.14.060 (Type III application), as applicable. The type of application shall be determined in accordance with Section 17.14.160(A) of this chapter.

B.

Site Plan Review Information. An application for site plan review shall include the following information, as deemed applicable by the city recorder:

1.

Existing Conditions Map. At a minimum, the site map shall contain the following:

a.

The applicant's entire property and the surrounding property to a distance sufficient to determine the location of the development in the city, and the relationship between the proposed development site and adjacent property and development. The property boundaries, dimensions, and gross area shall be identified,

b.

Topographic contour lines at intervals determined by the city,

c.

Identification of slopes greater than fifteen percent;

d.

The location and width of all public and private streets, drives, sidewalks, pathways, rights-of-way, and easements on the site and adjoining the site,

e.

Potential natural hazard areas, including any areas identified as subject to a one hundred-year flood, areas subject to high water table, and areas mapped by the city, county, or state as having a potential for geologic hazards,

f.

Resource areas, including marsh and wetland areas, streams, wildlife habitat identified by the city or any natural resource regulatory agencies as requiring protection,

g.

Site features, including existing structures, pavement, large rock outcroppings, areas having unique views, and drainage ways, canals and ditches,

h.

Locally or federally designated historic and cultural resources on the site and adjacent parcels or lots,

i.

The location, size and species of trees and other vegetation having a caliper (diameter) of eight inches or greater at four feet above grade,

j.

North arrow, scale, names and addresses of all persons listed as owners on the most recently recorded deed,

k.

Name and address of project designer, engineer, surveyor, and/or planner, if applicable,

l.

Other information, as determined by the city recorder. The city may require studies or exhibits prepared by qualified professionals to address specific site features;

2.

Proposed Site Plan. The site plan shall contain the following information, if applicable:

a.

The proposed development site, including boundaries, dimensions, and gross area,

b.

Features identified on the existing site analysis map which are proposed to remain on the site,

c.

Features identified on the existing site map, if any, which are proposed to be removed or modified by the development,

d.

The location and dimensions of all proposed public and private streets, drives, rights-of-way, and easements,

e.

The location and dimensions of all existing and proposed structures, utilities, pavement, and other improvements on the site. Setback dimensions for all existing and proposed buildings shall be provided on the site plan,

f.

The location and dimensions of entrances and exits to the site for vehicular, pedestrian, and bicycle access,

g.

The location and dimensions of all parking and vehicle circulation areas (show striping for parking stalls and wheel stops, as applicable),

h.

Pedestrian and bicycle circulation areas, including sidewalks, internal pathways, pathway connections to adjacent properties, and any bicycle lanes or trails,

i.

Loading and service areas for waste disposal, loading and delivery,

j.

Outdoor recreation spaces, common areas, plazas, outdoor seating, street furniture, and similar improvements, as applicable,

k.

Location, type, and height of outdoor lighting,

l.

Location of mail boxes, if known,

m.

Name and address of project designer, if applicable,

n.

Location of bus stops and other public or private transportation facilities,

o.

Locations, sizes, and types of signs,

p.

Other information, determined by the city recorder. The city may require studies or exhibits prepared by qualified professionals to address specific site features (e.g., traffic, noise, environmental features, natural hazards, etc.), in conformance with this code;

3.

Architectural Drawings. Architectural drawings shall be submitted showing:

a.

Building elevations (as determined by the city recorder with building height and width dimensions,

b.

Building materials, color, and type,

c.

The name of the architect or designer;

4.

Preliminary Grading Plan. A preliminary grading plan prepared by a registered engineer shall be required for developments which would result in the grading (cut or fill) of one thousand cubic yards or greater. The preliminary grading plan shall show the location and extent to which grading will take place, indicating general changes to contour lines, slope ratios, slope stabilization proposals, and location and height of retaining walls, if proposed. Surface water detention and treatment plans may also be required, in accordance with Title 13;

5.

Landscape Plan. A landscape plan is required and shall show the following:

a.

The location and height of existing and proposed fences and other buffering or screening materials,

b.

The location of existing and proposed terraces, retaining walls, decks, patios, shelters, and play areas,

c.

The location, size, and species of the existing and proposed plant materials (at time of planting),

d.

Existing and proposed building and pavement outlines,

e.

Specifications for soil at time of planting, irrigation if plantings are not drought-tolerant (may be automatic or other approved method of irrigation) and anticipated planting schedule,

f.

Other information as deemed appropriate by the city recorder;

6.

Sign drawings shall be required in conformance with the city's sign code (Section 17.32.040);

7.

Copies of all existing and proposed restrictions or covenants;

8.

Letter or narrative report documenting compliance with the applicable approval criteria contained in Section 17.14.250.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

The review authority shall make written findings with respect to all of the following criteria when approving, approving with conditions, or denying an application:

A.

The application is complete, as determined in accordance with Chapter 17.14, Article II, Types of Applications and Section 17.14.160, of this chapter;

B.

The application complies with all of the applicable provisions of the underlying land use district (Section 17.14.370), including: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other special standards as may be required for certain land uses;

C.

The applicant shall be required to upgrade any existing development that does not comply with the applicable land use district standards, in conformance with Chapter 17.48 Nonconforming Uses and Development;

D.

The application complies with the design standards contained in Titles 16 and 17, unless an exception is made.

E.

Conditions required as part of a Land Division (Title 15), Conditional Use Permit (Chapter 17.14), Master Planned Development (Chapter 17.14), or other approval shall be met.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

A.

Performance Bonds for Public Improvements. On all projects where public improvements are required, the city shall require a bond in an amount not greater than one hundred percent of the improvement costs as a condition of site development approval in order to guarantee the public improvements.

B.

Release of Performance Bonds. The bond or assurance shall be released when the city recorder finds the completed project conforms to the site development approval, including all conditions of approval.

C.

Completion of Landscape Installation. Landscaping shall be installed prior to issuance of occupancy permits, unless security equal to the cost of the landscaping as determined by the city recorder or a qualified landscape architect is filed with the city recorder assuring such installation within six months after occupancy. If the installation of the landscaping is not completed within the six-month period, the security may be used by the city to complete the installation.

D.

Business License Filing. The applicant shall ensure that all business occupants of the completed project, whether permanent or temporary, shall apply for and receive a city business license prior to initiating business.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

Development shall not commence until the applicant has received all of the appropriate land use and development approvals (i.e., site plan review approval) and building permits. Construction of public improvements shall not commence until the city has approved all required public improvement plans (e.g., utilities, streets, public land dedication, etc.). The city may require the applicant to enter into a development agreement (e.g., for phased developments and developments with required off-site public improvements), and may require bonding or other assurances for improvements, in accordance with Section 17.14.260. Development review and site plan review approvals shall be subject to all of the following standards and limitations:

A.

Modifications to Approved Plans and Developments. Minor modifications of an approved plan or existing development, as defined in Article VI of this chapter, shall be processed as a Type I procedure and require only site review. Major modifications, as defined in Article VI of this chapter, shall be processed as a Type II or Type III procedure and shall require site plan review. For information on Type I, Type II and Type III procedures, please refer to Article II of this chapter. For modifications approval criteria, please refer to Article VI of this chapter;

B.

Approval Period. Development review and site plan review approvals shall be effective for a period of one year from the date of approval. The approval shall lapse if:

1.

A building permit has not been issued within a one-year period, or

2.

Construction on the site is in violation of the approved plan;

C.

Extension. The city recorder shall, upon written request by the applicant, grant an extension of the approval period not to exceed one year; provided that:

1.

No changes are made on the original approved site plan review plan;

2.

The applicant can show intent of initiating construction on the site within the one year extension period;

3.

There have been no changes to the applicable code provisions on which the approval was based. If there have been changes to the applicable code provisions and the expired plan does not comply with those changes, then the extension shall not be granted; in this case, a new site plan review shall be required; and

4.

The applicant demonstrates that failure to obtain building permits and substantially begin construction within one year of site plan approval was beyond the applicant's control.

D.

Phased Development. Phasing of development may be approved with the site plan review application, subject to the following standards and procedures:

1.

A phasing plan shall be submitted with the site plan review application;

2.

The hearings body shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than five years without reapplying for site plan review;

3.

Approval of a phased site plan review proposal requires satisfaction of all of the following criteria:

a.

The public facilities required to serve each phase are constructed in conjunction with or prior to each phase,

b.

The development and occupancy of any phase dependent on the use of temporary public facilities shall require city council approval. Temporary facilities shall be approved only upon city receipt of bonding or other assurances to cover the cost of required public improvements, in accordance with Section 17.14.260. A temporary public facility is any facility not constructed to the applicable city or district standard, subject to review by the city engineer,

c.

The phased development shall not result in requiring the city or other property owners to construct public facilities that were required as part of the approved development proposal, and

d.

An application for phasing may be approved after site plan review approval as a modification to the approved plan, in accordance with the procedures for minor modifications (Article VI of this chapter).

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

There are certain uses which, due to the nature of their impacts on surrounding land uses and public facilities, require a case-by-case review and analysis. These are identified as "Conditional Uses" in Chapter 17.12, General Provisions. The purpose of Article V of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged, or altered if the site is appropriate and if other appropriate conditions of approval can be met.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

A.

Initial Application. An application for a new conditional use shall be processed as a Type III procedure (Section 17.14.060). The application shall meet submission requirements in Section 17.14.300, and the approval criteria contained in Section 17.14.310.

B.

Modification of Approved or Existing Conditional Use. Modifications to approved or existing conditional uses shall be processed in accordance with Article VII of this chapter, Modifications.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

In addition to the submission requirements required in Article II of this chapter, an application for conditional use approval must include the following information (subsection A through H of this section), as applicable. For a description of each item, please refer to Section 17.14.240, Site Plan Review Application Submission Requirements:

A.

Existing site conditions;

B.

Site plan;

C.

Preliminary grading plan;

D.

A landscape plan;

E.

Architectural drawings of all structures;

F.

Drawings of all proposed signs;

G.

A copy of all existing and proposed restrictions or covenants;

H.

Narrative report or letter documenting compliance with all applicable approval criteria in Section 17.14.310.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

The city shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following standards and criteria:

A.

Use Criteria.

1.

Conformity with the Cave Junction comprehensive plan, ²

2.

The site size, dimensions, location, topography and access are adequate for the needs of the proposed use, considering the proposed building mass, parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations,

3.

The negative impacts of the proposed use on adjacent properties and on the public can be mitigated through application of other code standards, or other reasonable conditions of approval, and

4.

All required public facilities have adequate capacity to serve the proposal.

B.

Site Plan Standards. The criteria for site plan review approval (Section 17.14.250) shall be met.

C.

Conditions of Approval. The city may impose conditions that are found necessary to ensure that the use is compatible with other uses in the vicinity, and that the negative impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to, the following:

1.

Modify yard setbacks, coverage, and height to accomplish specified ends;

2.

Screen unsightly development such as trash receptacles, mechanical apparatus, storage areas, or windowless walls;

3.

Require walls, fences, hedges, screen planting to accomplish specified ends;

4.

Require planting of ground cover or other surfacing to prevent erosion or reduce dust;

5.

Retain trees or other natural features for buffers, windbreaks, wildlife and fisheries habitat, livestock habitat, scenic corridors or recreational use;

6.

Require adequate off-street parking and loading-unloading facilities;

7.

Modify access provisions for safety reasons;

8.

Modify sign requirements to meet specified ends;

9.

Require landscaping and lighting plans to accomplish specified ends;

10.

Require on-going maintenance of buildings and grounds;

11.

Require adequate additional right-of-way and road improvements to promote traffic safety; dedication of land for streets, sidewalks, bikeways, paths, or access ways shall be required where the existing transportation system will be impacted by or is inadequate to handle the additional burden caused by the proposed use;

12.

Require abatement of noise, vibration, odors;

13.

Require time limitation for certain activities;

14.

Require a time period within which the proposed use shall be developed;

15.

Additional conditions which may be necessary to implement the Cave Junction comprehensive plan.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

²  From the current Cave Junction code.

A.

Concurrent Variance Application(s). A conditional use permit shall not grant variances to regulations otherwise prescribed by the development code. Variance application(s) may be filed in conjunction with the conditional use application and both applications may be reviewed at the same hearing.

B.

Additional Development Standards. Development standards for specific uses are contained in Title 17, Zoning.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

The purpose of this chapter is to provide an efficient process for modifying land use decisions and approved development plans, in recognition of the cost and complexity of land development and the need to conserve city resources.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

A.

This chapter applies to all development applications approved through the provisions of Chapter 17.14, including:

1.

Site plan review approvals;

2.

Subdivisions, partitions, and lot line adjustments;

3.

Conditional use permits;

4.

Master planned developments; and

5.

Conditions of approval on any of the above application types.

B.

This chapter does not apply to land use district changes, text amendments, temporary use permits, or other permits.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

A.

Major Modification Defined. The city recorder shall determine that a major modification(s) is required if one or more of the changes listed below are proposed:

1.

A change in land use;

2.

An increase in the number of dwelling units;

3.

A change in the type and/or location of access ways, drives, or parking areas that affect off-site traffic;

4.

An increase in the floor area proposed for non-residential use by more than ten percent where previously specified;

5.

A reduction of more than ten percent of the area reserved for common open space and/or usable open space;

6.

A reduction to specified setback requirements by more than ten percent, or to a degree that the minimum setback standards of the land use district cannot be met; or

7.

Changes similar to those listed in (A)(1) through (A)(6) of this section, which are likely to have an adverse impact on adjoining properties.

B.

Major Modification Request. An applicant may request a major modification as follows:

1.

Upon the city recorder determining that the proposed modification is a major modification, the applicant shall submit an application for the major modification;

2.

The modification request shall be subject to the same review procedure (Type I, II, or III) and approval criteria used for the initial project approval, however, the review shall be limited in scope to the modification request. For example, a request to modify a parking lot shall require site plan review only for the proposed parking lot and any changes to associated pathways, lighting, and landscaping. Notice shall be provided in accordance with the applicable review procedure.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

A.

Minor Modification Defined. Any modification to a land use decision or approved development plan which is not within the description of a major modification as provided in Section 17.14.470 of this chapter, shall be considered a minor modification.

B.

Minor Modification Request. An application for approval of a minor modification is reviewed using Type II procedure in Chapter 17.14.050. A minor modification shall be approved, approved with conditions, or denied by the city official based on written findings on the following criteria:

1.

The proposed development is in compliance with all applicable requirements of the development code; and

2.

The modification is not a major modification as defined in Section 17.14.380, of this chapter.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

The purpose of this chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this code and the land use district map. These will be referred to as "map and text amendments." Amendments may be necessary from time to time to reflect changing community conditions, needs, and desires, to correct mistakes, or to address changes in the law.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

Legislative amendments are policy decisions made by city council. They are reviewed using the Type IV procedure in Chapter 17.14.070 (and shall conform to Section 17.14.540, Transportation Planning Rule Compliance, as applicable).

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

A.

Quasi-Judicial Amendments. Quasi-judicial amendments are those that involve the application of adopted policy to a specific development application or code revision. Quasi-judicial map amendments shall follow the Type III procedure, as governed by Chapter 17.14.060, using standards of approval in subsection B of this section. The approval authority shall be as follows:

1.

The planning commission shall review and recommend land use district map changes which do not involve comprehensive plan map amendments;

2.

The planning commission shall make a recommendation to the city council on an application for a comprehensive plan map amendment. The city council shall decide such applications; and

3.

The planning commission shall make a recommendation to the city council on a land use district change application which also involves a comprehensive plan map amendment application. The city council shall decide both applications.

B.

Criteria for Quasi-Judicial Amendments. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following criteria:

1.

Demonstration of compliance with all applicable comprehensive plan policies and map designations. Where this criterion cannot be met, a comprehensive plan amendment shall be a prerequisite to approval;

2.

Demonstration of compliance with all applicable standards and criteria of this code, and other applicable implementing ordinances;

3.

Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or land use district map regarding the property which is the subject of the application; (and the provisions of Section 17.14.540, Transportation Planning Rule Compliance, as applicable.)

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

A quasi-judicial decision may be for denial, approval, or approval with conditions. A legislative decision may be approved or denied.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

The city recorder shall maintain a record of amendments to the text of this code and the land use districts map in a format convenient for public use.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

A.

When a development application includes a proposed comprehensive plan amendment or land use district change, the proposal shall be reviewed to determine whether it significantly affects a transportation facility, in accordance with Oregon Administrative Rule (OAR) 660-012-0060. Significant means the proposal would:

1.

Change the functional classification of an existing or planned transportation facility. This would occur, for example, when a proposal causes future traffic to exceed the capacity of "collector" street classification, requiring a change in the classification to an "arterial" street, as identified by the transportation system plan;

2.

Change the standards implementing a functional classification system;

3.

Allow types or levels of land use that would result in levels of travel or access that are inconsistent with the functional classification of a transportation facility; or

4.

Reduce the level of service of the facility below the minimum acceptable level identified in the transportation system plan.

B.

Amendments to the comprehensive plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function, capacity, and level of service of the facility identified in the transportation system plan. This shall be accomplished by one of the following:

1.

Limiting allowed land uses to be consistent with the planned function of the transportation facility;

2.

Amending the transportation system plan to ensure that existing, improved, or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the transportation planning rule; or,

3.

Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

(Ord. No. 536, § 3, 8-24-10)

Some terms or phrases within the code may have two or more reasonable meanings. This section provides a process for resolving differences in the interpretation of the code text.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

A.

Requests. A request for a code interpretation ("interpretation") shall be made in writing to the city recorder. The city recorder may develop written guidelines for the application process.

B.

Decision to Issue Interpretation. The city recorder shall have the authority to review a request for an interpretation. The city recorder shall advise the requester in writing within fourteen days after the request is made, on whether or not the city will issue the requested interpretation.

C.

Declining Requests for Interpretations. The city recorder is authorized to issue or decline to issue a requested interpretation. Basis for declining may include, but is not limited to, a finding that the subject code section affords only one reasonable interpretation and the interpretation does not support the request. The city recorder decision to issue or decline to issue an interpretation is final when the decision is mailed to the party requesting the interpretation and the decision is not subject to any further local appeal.

D.

Written Interpretation. If the city recorder decides to issue an interpretation, it shall be issued in writing and shall be mailed or delivered to the person requesting the interpretation and any other person who specifically requested a copy of the interpretation. The written interpretation shall be issued within fourteen days after the city advises the requester that an interpretation shall be issued. The decision shall become effective fourteen days later, unless an appeal is filed in accordance with subsections E through G of this section.

E.

Appeals. The applicant and any party who received such notice or who participated in the proceedings through the submission of written or verbal evidence of an interpretation may appeal the interpretation to the city council within fourteen days after the interpretation was mailed or delivered to the applicant. The appeal may be initiated by filing a notice of appeal with the city recorder pursuant to Section 17.14.050(G)(1).

F.

Appeal Procedure. City council shall hear all appeals of a city recorder interpretation as a Type III action pursuant to Section 17.14.060, except that written notice of the hearing shall be provided to the applicant, any other party who has filed a notice of appeal, and any other person who requested notice.

G.

Final Decision/Effective Date. The decision of the city council on an appeal of an interpretation shall be final and effective when it is mailed to the applicant. If an appeal of the city council's decision is filed, the decision remains effective unless or until it is modified by the Land Use Board of Appeals or a court of competent jurisdiction.

H.

Interpretations On File. The city recorder shall keep on file a record of all code interpretations.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

Temporary uses are characterized by their short term or seasonal nature and by the fact that permanent improvements are not made to the site. Temporary uses include, but are not limited to: construction trailers, leasing offices, temporary carnivals and fairs, parking lot sales, retail warehouse sales, and seasonal sales such as Christmas tree sales and vegetable stands. Three types of temporary uses require permit approval (See A, B and C):

A.

Seasonal and Special Events. These types of uses occur only once in a calendar year and for no longer a period than thirty days. Using the Type II procedure under Section 17.14.050, the city shall approve, approve with conditions or deny a temporary use permit based on findings that all of the following criteria are satisfied:

1.

The use is permitted in the underlying land use district and does not violate any conditions of approval for the property (e.g., prior development permit approval),

2.

The applicant has proof of the property owner's permission to place the use on his or her property,

3.

No parking will be utilized by customers and employees of the temporary use which is needed by the property owner to meet their minimum parking requirement under Section 17.32.020, Parking Requirements,

4.

The use provides adequate vision clearance, as required by Section 17.20.030, and shall not obstruct pedestrian access on public streets,

5.

Ingress and egress are safe and adequate when combined with the other uses of the property; as required by Section 17.12.070, Access,

6.

The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare or lights that affect an adjoining use in a manner which other uses allowed outright in the district do not affect the adjoining use, and

7.

The use is adequately served by sewer or septic system and water, if applicable. (The applicant shall be responsible for obtaining any related permits.);

B.

Temporary Sales Office or Model Home. Using a Type II procedure under 17.14.050, the city may approve, approve with conditions or deny an application for the use of any real property within the city as a temporary sales office, offices for the purpose of facilitating the sale of real property, or model home in any subdivision or tract of land within the city, but for no other purpose, based on the following criteria:

1.

Temporary sales office:

a.

The temporary sales office shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold, and

b.

The property to be used for a temporary sales office shall not be permanently improved for that purpose;

2.

Model house:

a.

The model house shall be located within the boundaries of the subdivision or tract of land where the real property to be sold is situated, and

b.

The model house shall be designed as a permanent structure that meets all relevant.

C.

Temporary Building. Using a Type II procedure, as governed by Section 17.14.050, the city may approve, approve with conditions or deny an application for a temporary trailer or prefabricated building for nonresidential use on any real commercial or industrial property within the city as a temporary commercial or industrial office or space associated with the primary use on the property, but for no other purpose, based on following criteria:

1.

The temporary trailer or building shall be located within the boundaries of the parcel of land on which it is located,

2.

The primary use on the property to be used for a temporary trailer is already developed,

3.

Ingress and egress are safe and adequate when combined with the other uses of the property; as required by Section 17.12.070, Access,

4.

There is adequate parking for the customers or users of the temporary use as required by Section 17.32.020, Parking Requirements,

5.

The use will not result in vehicular congestion on streets,

6.

The use will pose no hazard to pedestrians in the area of the use,

7.

The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare or lights that affect an adjoining use in a manner which other uses allowed outright in the district do not affect the adjoining use,

8.

The building complies with applicable building codes,

9.

The use can be adequately served by sewer or septic system and water, if applicable. (The applicant shall be responsible for obtaining any related permits), and

10.

The length of time that the temporary building will be used does not exceed six months. When a temporary building exceeds this time frame, the applicant shall be required to remove the building, or renew the temporary use permit;

D.

Manufactured Home for Health Condition.

1.

Applicability. Where a serious health condition exists and continuous care of a family member is required, a manufactured home may be temporarily allowed on an existing lot subject to the provisions of this section:

a.

Development Standards.

i.

All units must meet the Manufactured Home Construction and Safety Standards Act of 1974 of the U.S. Department of Housing and Urban Development, as amended, and bear the "Insignia of Compliance" with the date of manufacture,

ii.

Used units must be certified upon inspection by the building official to be in excellent condition and safe and fit for residential occupancy,

iii.

Installation of the unit shall meet the requirements of OAR 814, Division 23 as the requirements apply to setup, tie downs, sewer, water, electrical and utility connections,

iv.

The unit shall be skirted around the entire perimeter in accordance with OAR 814-23-070,

v.

The unit shall be sited within setbacks required by the zoning district, or a variance to setback obtained as provided in this chapter,

vi.

No roof, porch or other accessory structure shall be added for the unit above, except a structure needed to provide access to the home;

b.

Criteria for Approval. The review body's decision shall be based upon the following criteria:

i.

Compliance with the development standards specified in subsection (D)(1)(a) of this section,

ii.

Manufactured home is situated on the same lot upon which the applicant's home is situated,

iii.

The occupants of the manufactured home and the permanent home must be related by blood or adoption, such as parent-child, grandparent-grandchild, brothers or sisters,

iv.

A licensed physician has certified the health condition,

v.

Applicant agrees to annual review of permit and agrees to remove manufactured home within sixty days when health condition is no longer valid;

c.

Submittal Requirements. The application for a manufactured home for health conditions shall include the following:

i.

Development plan prepared in accordance with Section 17.14.140,

ii.

Certification from a licensed physician that the health condition warrants constant attention,

iii.

Application form and fee,

iv.

Security sufficient to insure removal of the manufactured home when the health condition is no longer valid, such as a bond, letter of credit, cash, savings account, or similar form of security acceptable to the city and/or city attorney.

E.

Temporary Use of Recreational Vehicle or Travel Trailer During Single-family or Multi Family Residential Construction or Residential Remodel.

Using a Type II procedure, as governed by Section 17.14.050, the city may approve, approve with conditions, or deny an application for a temporary recreational vehicle or travel trailer for residential use on any real single-family or multifamily residential property within the city as a temporary dwelling associated with the construction or remodel of a single-family or multi family residence, but for no other purpose, based on following criteria:

1.

The temporary recreational vehicle or travel trailer shall be located within the boundaries of the parcel of land on which the associated single-family residence is being constructed,

2.

Unless otherwise determined by city staff, the temporary recreational vehicle or travel trailer shall conform to the setbacks associated with the zone in which it is located,

3.

If the temporary recreational vehicle or travel trailer is to be occupied during the remodel of a single-family or multi family residence, a permit shall only be granted if staff determines that one of the following conditions precludes occupancy of the single-family or multi family residence during the remodel:

a.

Water service will be disconnected,

b.

Sewer service will be disconnected,

c.

Electric service will be disconnected, or

d.

The roof shall be removed.

4.

Ingress and egress are safe and adequate when combined with the other uses of the property, as required by Section 17.12.070, Access,

5.

There is adequate parking for the users of the temporary use as required by Section 17.32.020, Parking requirements,

6.

The use will not result in vehicular congestion on streets,

7.

The use will pose no hazard to pedestrians in the area of the use,

8.

The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare or lights that affect an adjoining use in a manner which other uses allowed outright in the district do not affect the adjoining use,

9.

The recreational vehicle or travel trailer complies with applicable Recreational Vehicle Industry Association (RVIA) codes,

10.

The use can be adequately served by sewer or septic system and water, if applicable (the applicant shall be responsible for obtaining any related permits), and

11.

The length of time that the temporary building will be used does not exceed six months. When a temporary recreational vehicle or travel trailer exceeds this time frame, the applicant shall be required to remove the recreational vehicle or travel trailer, or renew the temporary use permit.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

(Ord. No. 567, 3-15-18)

The purpose of this section is to encourage those who are engaged in small commercial ventures which could not necessarily be sustained if it were necessary to lease commercial quarters or which, by the nature of the venture, are appropriate in scale and impact to be operated within a residence. Home occupations are encouraged for their contribution in reducing the number of vehicle trips often generated by conventional businesses. They are permitted by right in all residential units (dwellings), subject to the following standards:

A.

Appearance of Residence.

1.

The home occupation shall be restricted to lawfully-built enclosed structures and be conducted in such a manner as not to give an outward appearance of a business,

2.

The home occupation shall not result in any structural alterations or additions to a structure that will change its primary use or building code occupancy classification,

3.

The home occupation shall not violate any conditions of development approval (i.e., prior development permit approval),

4.

No products and or equipment produced or used by the home occupation may be displayed to be visible from outside any structure;

B.

Storage.

1.

Outside storage, visible from the public right-of-way or adjacent properties, is prohibited,

2.

On-site storage of hazardous materials (including toxic, explosive, noxious, combustible or flammable) beyond those normally incidental to residential use is prohibited,

3.

Storage of inventory or products and all other equipment, fixtures, and activities associated with the home occupation shall be allowed in any structure;

C.

Employees.

1.

Other than family members residing within the dwelling located on the home occupation site, there shall be no more than one full-time equivalent employee at the home occupation site at any given time. As used in this chapter, the term "home occupation site" means the lot on which the home occupation is conducted,

2.

Additional individuals may be employed by or associated with the home occupation, so long as they do not report to work or pick up/deliver at the home,

3.

The home occupation site shall not be used as a headquarters for the assembly of employees for instruction or other purposes, including dispatch to other locations;

D.

Advertising and Signs. Signs shall comply with Section 17.32.040. In no case shall a sign exceed the residential district standard of twenty-four square feet (e.g., six feet by four feet).

E.

Vehicles, Parking and Traffic.

1.

One commercially-licensed vehicle associated with the home occupation is allowed at the home occupation site. It shall be of a size that would not overhang into the public right-of-way when parked in the driveway or other location on the home occupation site,

2.

There shall be no more than three commercial vehicle deliveries to or from the home occupation site daily. There shall be no commercial vehicle deliveries during the hours of nine p.m. to seven a.m.,

3.

There shall be no more than one client's or customer's vehicle at any one time and no more than eight per day at the home occupation site;

F.

Business Hours. There shall be no restriction on business hours, except that clients or customers are permitted at the home occupation from eight a.m. to six p.m. only, subject subsections A and E, of this section;

G.

Prohibited Home Occupation Uses.

1.

Any activity that produces radio or TV interference, noise, glare, vibration, smoke or odor beyond allowable levels as determined by local, state or federal standards, or that can be detected beyond the property line is prohibited,

2.

Any activity involving on-site retail sales is prohibited, except that the sale of items that are incidental to a permitted home occupation is allowed. For example, the sale of lesson books or sheet music from music teachers, art or craft supplies from arts or crafts instructors, computer software from computer consultants, and similar incidental items for sale by home business are allowed subject to subsections A through F, of this section;

3.

Any uses described in this section or uses with similar objectionable impacts because of motor vehicle traffic, noise, glare, odor, dust, smoke or vibration, such as:

a.

Ambulance service,

b.

Animal hospital, veterinary services, kennels or animal boarding,

c.

Auto and other vehicle repair, including auto painting,

d.

Repair, reconditioning or storage of motorized vehicles, boats, recreational vehicles, airplanes or large equipment on-site;

H.

Enforcement. The city recorder or designee may visit and inspect the site of home occupations in accordance with this chapter periodically to insure compliance with all applicable regulations, during normal business hours, and with reasonable notice. Code violations shall be processed in accordance with Chapter 17.56, Enforcement.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)