Clatskanie City Zoning Code

CHAPTER 3

ADMINISTRATION AND ENFORCEMENT

9-3-1: ENFORCEMENT OFFICIAL:

The city manager is hereby authorized and directed to enforce all the provisions of this title. (Ord. 652, 6-4-2008)

9-3-2: ADMINISTRATIVE AUTHORITY:

A. Planning Commission: The planning commission shall have authority to approve or deny, in whole or in part, all requests involving conditional uses, nonconforming uses, signs and land division.

B. City Manager:

1. The city manager shall have the authority administratively to approve, approve with conditions, or deny, in whole or in part, all requests involving the following sections of this title:

9-11-4 regarding parking;

9-13-3 regarding special setbacks for rights of way; and

9-15-2 regarding lot line adjustments.

2. Except for the sections listed in subsection B1 of this section, the planning commission shall be the authority to approve, approve with conditions, or deny, in whole or in part, all other requests involving conditional uses, nonconforming uses, signs and land divisions.

C. Appeals To Council: Appeals of the planning commission decisions shall be to the city council.

D. Land Use Actions: Land use actions involving annexations, zone changes and amendments shall be heard by the planning commission and a recommendation made to the city council.

E. Other Planning Commission Functions: The planning commission shall perform any other functions that may be designated by the city council. (Ord. 652, 6-4-2008)

F. Development Review Advisory Committee:

1. Advisory Committee Established And Purpose: The city of Clatskanie development review advisory committee is hereby established, the purpose of which is to provide input to a prospective land use and development applicant regarding city code requirements and recommendations before a land use or development application is complete and formally submitted for review. There shall be no official action taken at an advisory committee meeting, and the city shall bear no responsibility to the applicant for any omission or error of any committee member or recommendation of the committee.

2. Membership: The advisory committee shall consist of seven (7) members appointed by the city council comprising the following officials and agencies: mayor, councilor, planning commissioner, city manager, public works director, Clatskanie rural fire protection district, and Clatskanie people's utility district.

3. Mandatory Review For Certain Development Applications: Completion of an advisory committee meeting is a prerequisite for a new commercial structure, any industrial development, subdivision, or any multi-family development involving three (3) or more dwellings. The city will not deem complete any land use application for which a required development review advisory committee meeting has not occurred in compliance with this subsection.

4. Meeting Schedule: The advisory committee shall meet as often as needed to process an applicable land use development request or application. The city shall schedule an advisory committee meeting generally within fourteen (14) days of receipt of an applicable land use and/or development request. Requests for land use and development shall be submitted on official city forms and signed by the owner of the subject property or by the owner's authorized representative.

5. Public Meetings: Meetings of the advisory committee will be open to the public, but the meetings are not subject to statutory requirements for land use proceedings.

6. Fees: The city council may by resolution establish a fee to process applicable requests for land use and development actions through the Clatskanie development review advisory committee. (Ord. 651, 12-12-2007; amd. Ord. 652, 6-4-2008)

9-3-3: PERMITS AND APPROVALS:

A. Conditions For Issuance:

1. Permits and approvals shall be issued only when a review of the application indicates the development will comply with the provisions of this title.

2. All development shall occur in accordance with such permits and approvals.

3. The intended use shall not commence nor shall a building be occupied nor shall lots be sold until all of the requirements have been complied with.

B. Time Limit For Authorization: Authorization for a permit shall be void after two (2) years if no substantial construction has taken place, unless the planning commission grants an extension for one additional two (2) year period.

C. Plans Review: The planning commission and Clatskanie rural fire protection district shall review and approve all new construction plans for commercial and industrial development and all plans for multi-family residential with density greater than two (2) units per lot. (Ord. 652, 6-4-2008)

9-3-4: FEES:

To defray expenses incurred in connection with the processing of applications, report preparation, notice publications, and similar matters, the city may charge fees as established by resolution of the council. The filing of an application shall not be considered complete, nor shall action be taken to process it, until the required fee has been paid. (Ord. 652, 6-4-2008)

9-3-5: PERMITTING OF SIMILAR USES:

The planning commission may permit a use that is not specifically named in the allowed uses listed for a zone, provided the use is of the same general type and similar in nature to those allowed, and is not already allowed in any other zone. (Ord. 652, 6-4-2008)

9-3-6: QUASI-JUDICIAL HEARINGS:

A. Decisions: The planning commission shall conduct quasi- judicial hearings, and decide on the following:

1. Applications for temporary permits;

2. Conditional use permits;

3. Variances from the standards of the applicable zone; and

B. Other Duties: The planning commission shall perform any other duties as provided by this title. (Ord. 652, 6-4-2008)

9-3-7: PUBLIC HEARINGS:

A. Acceptance Of Applications: Applications shall be accepted only from property owners or their authorized agents. Applications may only be made using forms provided for that purpose by the city, and will not be considered complete until the required fee has either been paid or waived by decision of the council.

B. Contents Of Application: At a minimum, the application will include:

1. A description of the land use action being applied for; and

2. A site plan, drawn to scale, showing lot lines, the dimensions and location of existing and proposed structures, easements, street access, and structures abutting properties within ten feet (10') of the lot line. (Ord. 652, 6-4-2008)

C. Agency Notice Of Application: Notice of the receipt of a complete application will be sent to interested agencies such as city departments, police and fire districts, school district, utility companies, and applicable city, county, and state agencies. Affected jurisdictions and agencies could include the department of environmental quality, the Oregon department of transportation, and Columbia County rider. Notice of projects affecting state transportation facilities will be sent to ODOT. Referrals will be sent to affected neighborhood associations. (Ord. 659, 11-4-2009)

D. Quasi-Judicial Hearings: A hearing that will result in a determination as to the permissible use of a specific property shall be conducted as a quasi-judicial hearing. All parties are entitled to an opportunity to be heard, to present and rebut evidence, and to have a decision based on the evidence and supported by the findings of fact as part of the record.

1. The city manager shall review each application for completeness. If the application does not meet the applicable requirements, the city manager shall advise the applicant of the deficiencies prior to placing it on the planning commission's agenda. The applicant may withdraw the application at any point up to the time that the public hearing is opened. The planning commission may refuse to hear an incomplete application, and may return it to the applicant for additional information.

2. The city manager may place the application on the planning commission's agenda for a public hearing to be held within forty (40) days of the date the application was found to be complete.

3. Copies of the complete application shall be distributed by the city manager to members of the city staff and to the Clatskanie rural fire department and to affected agencies for their comments.

4. Following the review period, the city manager shall coordinate and assemble the application data and reports and distribute to the planning commission, applicant, city staff and to the press, not less than five (5) days prior to the hearing date.

5. The city shall take final action on an application within the time period required by state law, unless the applicant requests an extension, or the parties have agreed to mediation. An issue which may be the basis for an appeal to the land use board of appeals shall be raised not later than the close of the record at or following the final evidentiary hearing on the proposal. Such issues shall be raised with sufficient specificity so as to afford the hearings body and the parties an adequate opportunity to respond to each issue.

E. Legislative Hearings: A hearing on a proposed change that is general in nature or large in size of area and, therefore, affects a significant number of properties and owners, shall be conducted as a legislative hearing. The city council, planning commission, advisory board or record owner of property, may initiate the application process.

1. The procedures described in subsections D1 through D4 of this section shall apply.

2. A minimum of two (2) hearings, one before the planning commission and one before the city council, is required except where only a hearing by the city council is required.

3. Any applicable statewide planning goals and guidelines adopted under Oregon Revised Statutes chapter 197, applicable comprehensive plan policies and provisions of the implementing ordinances shall apply.

4. Notice of the hearing shall be published in a newspaper of general circulation at least ten (10) days prior to the hearing. The procedures described in subsections F3 through O of this section shall apply. (Ord. 652, 6-4-2008; amd. Ord. 659, 11-4-2009)

F. Notice Of Public Hearings: Notice shall be provided in the following manner, depending on the type of action:

1. Quasi-Judicial: The quasi-judicial land use hearing notice requirements shall be provided in accordance with the provisions of Oregon Revised Statutes 197.763 and as follows:

a. Notice shall be published in a newspaper of general circulation at least ten (10) days before the hearing. Based upon unforeseeable and special issues particular to the subject property, the city council may at the time of scheduling the public hearing increase the public hearing notification area beyond the area specified by the code section being considered;

b. Notice shall be posted in three (3) conspicuous public places in the city at least twenty (20) days before the hearing;

c. Notice shall be sent by mail at least twenty (20) days before the hearing to:

(1) The applicant or representative;

(2) All property owners of record within two hundred fifty feet (250') of the boundaries of the subject property;

(3) Any recognized neighborhood or community organizations whose boundaries include the site or whose resources may be impacted by the proposal;

(4) Any public agency or utility whose property, services or facilities may be affected, such as Columbia County, the Oregon department of transportation, and Columbia County rider. The reviewing staff shall determine the extent of notice to the additional public agencies or utilities based on perceived interest or impact. (Ord. 659, 11-4-2009)

2. Legislative: The legislative land use hearing notice requirements shall be regulated by subsection E of this section and under Oregon Revised Statutes.

3. Contents Of Notice: The notice provided by the city shall:

a. Explain the nature of the application and the proposed use or uses which could be authorized;

b. List the applicable criteria;

c. Identify the subject property;

d. State the date, time and location of the hearing;

e. State that failure of an issue to be raised in a hearing, in person, or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue precludes appeal to the land use board of appeals based on that issue;

f. Include the name of local government representative to contact and the telephone number for additional information; and

g. State that a copy of the application and all related documents will be available for inspection (at the counter) at no cost at least seven (7) days prior to the hearing and that the public may obtain copies, for their own use, at reasonable cost.

G. Owner Of Record: The city shall use, for the purpose of ascertaining the property owners, the names and addresses of the owner of record, as shown in the current copy of the Columbia County assessor records.

H. Failure To Receive Notice: Failure to send notice to an individual, or failure of a person to receive notice, shall not invalidate any proceeding.

I. Ex Parte Contacts: Members of the hearing body shall not communicate with representatives of either the proponents or opponents in a land use action unless opportunity is provided for all parties involved (including the entire hearing body) to participate. At the commencement of the hearing, members of the hearing body shall reveal any prehearing contact they may have had with the applicant, the applicant's representative, or with anyone in opposition to the proposal.

J. Hearing Commencement, Statement: At the commencement of the hearing a statement shall be made to those in attendance that:

1. Lists the applicable substantive criteria;

2. States that testimony and evidence must be directed toward the criteria or toward some other criteria in the plan or land use regulations which the person believes to apply to the decision; and

3. States that failure to raise an issue with sufficient specificity to afford the decision maker and the parties an opportunity to respond to the issue precludes appeal to the land use board of appeals on that issue.

K. Planning Commission Action: The planning commission shall, depending on the type of land use application involved, take the following action:

1. Quasi-Judicial: The planning commission shall, following a public hearing, approve or disapprove the request. If the decision is to approve, the planning commission may add conditions designed to guarantee fulfillment of public service demands created or increased by the proposed use, and mitigate any adverse effects upon surrounding property owners or the city.

2. Legislative: The planning commission may recommend that the city council approve, deny or modify the proposed amendment.

3. Criteria: The applicant has the burden of proof on all criteria. For all applications, it shall be established that:

a. The proposal conforms with the city comprehensive plan; and

b. The proposal complies with all applicable statutory and ordinance requirements and regulations.

4. Continuation: A hearing may be continued, if necessary, to obtain more information. If the hearing body announces the date, time and place of the next meeting, no additional notice is required; however, to encourage citizen involvement, the city may choose to provide additional notice.

5. Findings: The planning commission shall make findings, based upon the record before it, to support its decision.

L. Appeal Period: The ten (10) day appeal period shall begin on the date the order is signed.

M. Notice Of Council Hearing: Notice of a city council hearing shall be given in the same manner as described in subsection F of this section, depending on the type of land use action being requested.

N. Council Action: For those land use actions requiring council approval, the planning commission's recommendation shall be considered during the hearing, and may be adopted, modified or rejected.

O. Reapplication: Following denial of an application, or of an appeal, the applicant shall be required to wait a period of twelve (12) months before filing a similar request. (Ord. 652, 6-4-2008; amd. Ord. 659, 11-4-2009)

9-3-8: AMENDMENTS:

A. Initiation: Amendments to the text of this title, and/or to the city zoning map, may be initiated by:

1. A petition from the affected property owner, or such owner's authorized agent, filed with the city manager; or

2. The planning commission on its own motion; or

3. The council on its own motion.

B. Referral To Planning Commission: All requests for amendments, however initiated, shall be referred to the planning commission for a public hearing, which shall be scheduled within forty (40) days.

C. Notice Of Planning Commission Hearing:

1. Notice of the planning commission hearing on a proposed amendment shall be given in the manner as for a legislative action, described in section 9-3-7 of this chapter.

2. If an application would change the zone of property which includes all or part of a mobile home park as defined in Oregon Revised Statutes 446.003, the city council shall give written notice by first class mail to each existing mailing address for tenants of the mobile home park at least twenty (20) days but not more than forty (40) days before the date of the first hearing on the application. The city council may require an application. The city council may require an applicant for such a zone change to pay the cost of such notice.

D. Failure To Receive Notice: Failure to send notice to an individual, or failure of a person to receive notice, shall not invalidate any proceeding.

E. Ex Parte Contacts: The restrictions described in subsection 9-3-7I of this chapter shall apply.

F. Planning Commission Action: The planning commission may recommend that the city council adopt, modify or reject the proposed amendment.

G. Notice Of City Council Hearing: Notice shall be given in the manner required by Oregon Revised Statutes.

H. City Council Action: In making their decision regarding the proposed amendment, the city council may adopt, modify or reject the planning commission's recommendation.

I. Record Of Amendment: The city manager shall maintain a record of all amendments made to the text of this title and to the city zoning map, in a form and location convenient to the public. (Ord. 652, 6-4-2008)

9-3-9: APPEALS:

A. Right To Appeal; Notice: An applicant, or any aggrieved person, may appeal an order (decision) of the planning commission by submitting, on a form provided by the city, written notice to the city manager within ten (10) days of the date the order is signed by the planning commission chairperson or the chairperson's designee.

B. Filing Fee: A filing fee in the amount set by the city council is due at the time the appeal is filed. The city council may waive the required fee upon a showing of good cause.

C. Hearing Date: The appeal hearing date shall be set for the next regularly scheduled council meeting.

D. Contents Of Notice: Notice of the hearing shall be provided in the same manner as for the original hearing in accordance with state law.

E. Testimony; Evidence: At the hearing, testimony shall be limited to the applicant(s) and the appellant(s) and evidence shall be limited to the record of the planning commission decision. The city council may decide to hear additional testimony or additional evidence on any specific appeal.

F. Burden Of Proof: The applicant shall bear the burden of proof.

G. City Council Action:

1. The city council may decide to uphold or to overturn the planning commission decision, or it may remand the application to the planning commission for another hearing.

2. If the city council decides to uphold the planning commission decision, no new findings are necessary.

3. For the purposes of an appeal of a decision involving chapter 9, article B of this title dealing with floodplain regulations, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of chapter 9, article B of this title, and the following criteria:

a. The danger that materials may be swept onto other lands to the injury of others;

b. The danger to life and property due to flooding or erosion damage;

c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

d. The importance of the services provided by the proposed facility to the community;

e. The necessity to the facility of a waterfront location, where applicable;

f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

g. The compatibility of the proposed use with existing and anticipated development;

h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

i. The safety of access to the property in times of flood for ordinary and emergency vehicles;

j. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

4. Upon consideration of the factors of this subsection G and the purposes of the floodplain regulations, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of the floodplain regulations.

5. The city manager shall maintain the records of all appeal actions and report any variances to the federal insurance administration upon request. (Ord. 664, 11-3-2010)

9-3-10: COMPLAINTS REGARDING VIOLATIONS:

Whenever a violation of this title is alleged to have occurred, a signed written complaint may be filed by any individual. Such complaint shall state fully the situation on which it is based and the section of this title that has been violated. The city manager shall then record the complaint, investigate (with police assistance, if necessary) and take action as provided by this title. (Ord. 652, 6-4-2008)

9-3-11: PENALTY FOR VIOLATION OF TITLE:

Unless otherwise provided in this title, any violation of any code provision of this title shall be punishable by a fine not to exceed one hundred dollars ($100.00). Each day's violation of any code provision of this title constitutes a separate offense. (Ord. 652, 6-4-2008)

9-3-12: QUASI-JUDICIAL AMENDMENTS TO THE COMPREHENSIVE PLAN OR ZONING MAP:

Quasi-judicial amendments to the comprehensive plan or zoning map (generally small in size, single ownership or single interest in changing the zoning map) may be initiated by the city council, the planning commission, or by application of an owner of property or the owner's authorized agent within the area for which the amendment is proposed. The applicant shall demonstrate that the comprehensive plan map or zoning map change request meets the following criteria:

A. The proposal conforms with the applicable provisions of the city's comprehensive plan;

B. The proposal complies with all applicable statutory and ordinance requirements and regulations;

C. There is a public need for the proposal and that this need will be served by changing the zoning of the property(ies) in question as compared with other available property;

D. The public interest is best carried out by approving the proposal at this time;

E. Proposal which significantly affects 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: revising the proposal to be consistent with the planned function of the transportation facility, or 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. A plan or land regulation amendment significantly affects a transportation facility if it:

1. Changes the functional classification of an existing or planned transportation facility;

2. Changes standards implementing a functional classification system;

3. Allows 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. Would reduce the level of service of the facility below the minimum acceptable level identified in the transportation system plan.

Quasi-judicial amendments to the comprehensive plan map or zoning map shall be considered at a public hearing before the planning commission. Notice and appeal procedures set forth in this chapter shall apply. Quasi-judicial amendments shall be approved by the city council by ordinance following a public hearing. (Ord. 652, 6-4-2008)

9-3A-1: PURPOSE:

This article is intended to establish procedures for the implementation of ballot measure 37, passed by voters of the state of Oregon on November 2, 2004, which amended chapter 197 of Oregon Revised Statutes. These procedures establish a prompt, open, thorough, and consistent process that enables a property owner an adequate and fair opportunity to present a claim to the city. These procedures preserve and protect limited public funds and establish a record of the city's decision suitable for circuit court review. (Ord. 637, 12-1-2004, eff. 12-2-2004)

9-3A-2: DEFINITIONS:

As used in this article, the following words and phrases mean:

CITY MANAGER: The city manager of the city of Clatskanie, or his or her designee.

CLAIM: A claim filed under ballot measure 37.

EXEMPT LAND USE REGULATION: A land use regulation that:

A. Restricts or prohibits activities commonly and historically recognized as public nuisances under common law. This subsection shall be construed narrowly in favor of a finding of compensation under this article;

B. Restricts or prohibits activities for the protection of public health and safety, which may include, but not be limited to, such regulations as fire and building codes, health and sanitation regulations, solid or hazardous waste regulations, pollution control regulations, and transportation infrastructure requirements;

C. Is required in order to comply with federal law;

D. Restricts or prohibits the use of property for the purpose of selling pornography or performing nude dancing; or

E. Was enacted prior to the date of acquisition of the property by the owner or a family member of the owner who owned the subject property prior to acquisition or inheritance by the owner, whichever occurred first.

FAMILY MEMBER: Includes the wife, husband, son, daughter, mother, father, brother, sister, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, stepchild, grandparent, or grandchild of the owner of the property, the estate of any of the foregoing family members, or a legal entity owned by any one or combination of these family members or the owner of the property.

LAND USE REGULATION: Includes:

A. Any statute regulating the use of land or any interest therein;

B. Administrative rules and goals of the land conservation and development commission;

C. Local government comprehensive plans, zoning ordinances, land division ordinances, and transportation ordinances;

D. Metropolitan service district regional framework plans, functional plans, planning goals and objectives; and

E. Statutes and administrative rules regulating farming and forest practices.

OWNER: The present owner(s) of real property, or any interest therein, which is the subject of a claim. The owner is a person who is the sole fee simple absolute owner of the real property or all joint owners whose interests add up to a fee simple absolute interest in property, including all persons who represent all recorded interests in the property, such as co-owners, holders of less than fee simple interests, leaseholders, and security interest holders.

VALID CLAIM: A claim that meets all of the following conditions:

A. A claim that is submitted by the owner(s) of real property that is subject to a land use regulation adopted or enforced by the city that restricts the use of the private real property in a manner that reduces fair market value of the real property;

B. If an owner wishes to assert that more than one regulation restricts use of the property, and has the effect of reducing the fair market value of the property, all claims regarding that property must be filed simultaneously and considered by the city simultaneously; and

C. A claim based on regulations that contain discretionary criteria for approval of development on a property may only be filed after the city has enforced its regulations through approval or denial of a land use application. Such approval or denial is necessary to establish whether a particular land use regulation "restricts the use" of the subject property. (Ord. 637, 12-1-2004, eff. 12-2-2004)

9-3A-3: CLAIM FILING PROCEDURES:

A. A person seeking to file a claim under this article must be the present owner of the property that is the subject of the claim at the time the claim is submitted. The claim shall be filed with the city manager's office, or another office so designated by the city manager.

B. A claim shall include:

1. The name(s), address(es) and telephone number(s) of all owners, and anyone with any interest in the property, including lien holders, trustees, renters, lessees, and a description of the ownership interest of each;

2. The address, tax lot, and legal description of the real property that is the subject of the claim, together with a title report issued no more than thirty (30) days prior to the submission of the claim, that reflects the ownership interest in the property, or other documentation reflecting sole ownership of the property by the claimant, and the date the property was acquired;

3. If the claim is based upon the date a family member acquired the property, then documentation sufficient to establish the familial relationship along with a chain of title showing continual ownership;

4. The current land use regulation(s) that allegedly restricts the use of the real property and allegedly causes a reduction in the fair market value of the subject property;

5. A statement as to the preferred resolution of the claim, such as compensation, waiver, or modification of an applicable regulation;

6. The amount of any compensation requested, based on the alleged reduction in value of the real property supported by an appraisal by an appraiser licensed by the appraiser certification and licensure board of the state of Oregon;

7. Copies of any leases or covenants, conditions, and restrictions ("CCRs") applicable to real property, if any, that impose restrictions on the use of the subject property; and

8. A processing fee deposit of five hundred dollars ($500.00) that may or may not be refunded depending on the resolution of the claim by the city council.

C. Commencement of the one hundred eighty (180) day period allowed for local government claim procedures prior to any cause of action being authorized for the owner in circuit court as specified in Oregon Revised Statutes chapter 197 starts on the date the city manager deems the claim complete and accepts it for filing.

D. Notwithstanding a claimant's failure to provide all of the information required by this section, the city may review and act on a claim. (Ord. 637, 12-1-2004, eff. 12-2-2004)

9-3A-4: CITY MANAGER INVESTIGATION AND RECOMMENDATION:

A. Following an investigation of a claim, the city manager shall forward a recommendation to the city council that the claim be:

1. Denied;

2. Investigated further;

3. Declared valid, and waive or modify the land use regulation, or compensate the claimant; or

4. Evaluated with the expectation of the city acquiring the property by condemnation. (Ord. 637, 12-1-2004, eff. 12-2-2004)

9-3A-5: CITY COUNCIL PUBLIC HEARING:

The city council shall conduct a public hearing before taking final action on a recommendation from the city manager. Notice of the public hearing shall be provided to the claimant, to owners and occupants of property within three hundred feet (300') of the perimeter of the subject property, and neighborhood groups or community organizations officially recognized by the city council whose boundaries include the subject property. (Ord. 637, 12-1-2004, eff. 12-2-2004)

9-3A-6: CITY COUNCIL ACTION ON CLAIM:

A. Upon conclusion of the public hearing and prior to the expiration of one hundred eighty (180) days from the date the claim was filed, the city council shall:

1. Determine that the claim does not meet the requirements of measure 37 and this article, and deny the claim; or

2. Adopt a resolution with findings therein that supports a determination that the claim is valid and either directs that the claimant be compensated in an amount set forth in the resolution for the reduction in value of the property, or directs the removal, modification, or waiver of the challenged land use regulation with respect to the subject property.

B. The city council's decision to waive or modify a land use regulation or to compensate the owner shall be based on whether the public interest would be better served by compensating the owner or by removing or modifying the challenged land use regulation with respect to the subject property. (Ord. 637, 12-1-2004, eff. 12-2-2004)

9-3A-7: PROCESSING FEE DEPOSIT:

A five hundred dollar ($500.00) processing fee deposit shall accompany a claim submittal. This deposit shall be refunded only when the city council adopts a resolution that supports a determination that the claim is valid and either directs that compensation be made, or directs the removal, modification, or waiver of the challenged land use regulation with respect to the subject property. If the claim is denied by the city council, then this deposit shall be kept by the city as a processing fee and will not be returned to the claimant. (Ord. 637, 12-1-2004, eff. 12-2-2004)

9-3A-8: CONDITIONS OF APPROVAL, REVOCATION OF DECISION AND PROPERTY RIGHTS TRANSFER:

A. The city council may establish any relevant conditions of approval for compensation, should compensation be granted, or for any other action taken under this article.

B. Failure to comply with any condition of approval is grounds for revocation of the approval of the compensation for any claim, grounds for recovering any compensation paid, and grounds for revocation of any other action taken under this article.

C. In the event the owner, or the owner's successor in interest, fails to fully comply with all conditions of approval, the city may institute a revocation or modification proceeding before the city council.

D. Unless otherwise stated in the city's decision, any action taken under this article runs with the subject property and is transferred with ownership of the property. All conditions, time limits or other restrictions imposed with approval of a valid claim will bind all subsequent owners of the subject property. (Ord. 637, 12-1-2004, eff. 12-2-2004)

9-3A-9: APPLICABLE STATE LAW, NO INDEPENDENT RIGHTS CREATED BY THIS ARTICLE:

For all claims filed with the city, the applicable state law is those portions of Oregon Revised Statutes chapter 197 added or made a part of said chapter by ballot measure 37, passed on November 2, 2004, and/or as amended, modified or clarified by subsequent amendments or regulations adopted by the Oregon state legislature or Oregon administrative agencies. No rights independent of said provisions are created by adoption of this article. (Ord. 637, 12-1-2004, eff. 12-2-2004)