Cornelius City Zoning Code
Division I
INTRODUCTION AND GENERAL PROVISIONS
§ 18.05.010 Purpose.
This title has been designed in accordance with the goals, policies and statements of intent of the Cornelius comprehensive plan, the officially enacted comprehensive plan for the city of Cornelius and its environs. It is the general purpose of this title, therefore, to provide one of the principal means for the implementation of the Cornelius comprehensive plan.
(A)
Consistency with Plans and Laws. Actions initiated under this code shall be consistent with the comprehensive plan and with applicable state and federal laws and regulations as these plans, laws, and regulations may now or hereafter provide.
(B)
This title is designed to regulate the division of land and to classify, designate and regulate the location and use of buildings, structures, and land for residential, commercial, industrial, or other uses in appropriate places.
(C)
Short Title. This title shall be known and may be called the development and zoning code.
(Ord. 810, 2000; Code 2000 § 11.10.01)
§ 18.05.020 Compliance.
Except as otherwise specifically provided by this title, no building or other structure shall be constructed, improved, altered, enlarged or moved, nor shall any use or occupancy of premises within the city be commenced or changed, nor shall any condition of or upon real property be caused or maintained after the effective date of the ordinance codified in this title, except in conformity with conditions prescribed for each of the several zones and general regulations established hereunder. It shall be unlawful for any person to erect, construct, establish, move into, alter, enlarge, or use, or cause to be used, any building, structure, improvement or use of premises located in any zone described in this title contrary to the provisions of this title. Where this title imposes greater restrictions than those imposed or required by other rules or regulations or ordinances, the provisions of this title shall control.
(A)
No person shall divide land without first complying with the provision of this title and the laws of the state of Oregon.
(B)
The terms or words used in this title shall be interpreted as follows where the context demands; words in the present tense include the future; the singular number includes the plural and the plural number includes the singular; the word "shall" is mandatory and not discretionary; the word "may" is permissive; the masculine gender includes the feminine and neuter; the term "this title" shall be deemed to include the text of this title, the accompanying zoning map and all amendments made hereafter to either.
(Ord. 810, 2000; Code 2000 § 11.10.02)
§ 18.05.030 Zoning map.
The city is divided into the following zoning districts, each of which shall include a suffix letter designator with its map symbol to indicate its classification:
ZONING DISTRICT | MAP SYMBOL | DENSITY |
|---|---|---|
Residential Districts | ||
Urban Low Density | R-10 | Single-Family |
Urban Low Density | R-7 | Single-Family |
Urban Medium Density | A-2 | Multi-Family |
Core Residential | CR | Multi-Family |
Manufactured Home Park | MHP | |
Mixed Use Districts | ||
Central Mixed Use | CMU | |
Gateway Mixed Use | GMU | |
Commercial Districts | ||
General Commercial | C-1 | |
Highway Commercial | C-2 | |
Corridor Commercial | CC | |
Industrial Districts | ||
General Industrial | M-1 | |
Light Industrial | LI | |
Natural Resource | ||
Floodplain | FP | |
Natural Resource Overlay | NRO | |
(A)
The boundaries of the zoning districts established in this title are indicated on a map entitled the "Zoning Map of the City of Cornelius" which shall hereinafter be referred to as the "city zoning map." The city zoning map and all amendments and changes thereto, and all legends, symbols, notations, references and other matters shown thereon, are hereby adopted by reference.
(B)
Amendments to the city zoning map may be made in accordance with the provisions of this title. Copies of all map amendments shall be dated with the effective date of the document adopting the map amendment and shall be maintained without change, together with the adopting document, on file in the office of the city recorder.
(C)
The community development director shall maintain an up-to-date copy of the city zoning map to be revised from time to time so that it accurately portrays changes of zone boundaries. A separate map shall also be maintained and show the location of conditional use permits, planned unit developments, variances and the location of historical uses. The community development director shall maintain a log that identifies the following land use actions: zone change, conditional use, planned unit development, variance, or historical use and the number of the resolution, ordinance, order or other document authorizing the same.
(D)
Interpretation of District Boundaries. Where due to the scale, lack of detail or illegibility of the city zoning map or due to any other reason there is uncertainty, contradiction or conflict as to the intended location of any district boundary, the exact location of a district boundary line shall be determined by the community development director in accordance with the following standards:
(1)
Street Lines. Where district boundaries are indicated as approximately following the center line or right-of-way line of streets, such lines shall be construed to be such district boundaries.
(2)
Street Vacations. Whenever any street is lawfully vacated, and when the lands within the boundaries thereof attach to and become a part of lands adjoining such street, such lands formerly within such vacated street shall automatically be subject to the same zoning regulations as are applicable to lands to which same shall attach.
(3)
Lot Lines. Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries. If a district boundary divides a lot into two or more districts, the entire lot shall be placed in the district that accounts for the greater area of the lot by the adjustment of the district boundary; provided, that the boundary adjustment is for a distance of less than 20 feet. If an adjustment of more than 20 feet is required, the change in the district boundary shall be treated as a change of zone.
(4)
Watercourses. District boundary lines are intended to follow the center lines of watercourses unless such boundary lines are fixed by dimensions shown on the city zoning map.
(Ord. 810, 2000; Code 2000 § 11.10.03; Ord. 841 Exh. 2, 2003; amended during 2007 recodification; Ord. 2019-10 § 1 (Exh. A), 2019; Ord. 2020-05 § 1 (Exh. A), 2020)
§ 18.05.040 Authorization of similar uses.
When any use is not specifically named in this title, the community development director shall determine whether the use is an outright use, conditional use or prohibited use. A request may be made for a community development director's interpretation for determination of a use. The director may determine that a use, not specifically designated as an outright or conditional use, shall be one of the allowed uses if the use is of the same general type and is similar to the specified allowed uses. Nothing contained in this section is intended to authorize the inclusion of a use in a zone district where it is not specifically listed when such a use is specifically listed in another zoning district.
(Ord. 596 § 1, 1982; Ord. 810, 2000; Code 2000 § 11.10.04; Ord. 841 Exh. 1, 2003)
§ 18.05.050 Development permit required.
(A)
Except as excluded by CMC § 18.05.060, no person shall engage in or cause to occur a development for which the appropriate permit has not been issued. The building official shall not issue a permit for the construction, reconstruction, or alteration of a structure or a part of a structure for which the appropriate permit has not been issued.
(B)
The appropriate permit shall be issued by the community development director in accordance with the provisions set forth in Chapter 18.10 CMC. The community development director shall not issue a development permit for the improvement or use of land that has been previously divided or otherwise developed in violation of this code, regardless of whether the permit applicant or its predecessor created the violation, unless the violation can be rectified as part of the development.
(C)
Unless appealed, a decision on a development permit shall be final upon expiration of the period provided for filing an appeal or, if appealed, upon rendering of the decision by the reviewing body.
(Code 2000 § 11.10.05; amended during 2007 recodification; Ord. 2020-05 § 1 (Exh. A), 2020)
§ 18.05.060 Exclusions from land use approval.
An activity or development listed below is excluded from the requirement for a development permit:
(A)
Landscaping or other treatment or use of the land surface of a single-family residential lot not involving a structure, unless the activity involves moving more than 20 cubic yards of fill.
(B)
A change internal to a building or other structure that does not substantially affect the use of the structure or an alteration that does not substantially affect the use or external appearance of land or a structure.
(C)
Except as otherwise required by Chapters 17.05 and 18.20 CMC, the establishment, construction, or termination of an authorized public facility that directly serves development, including such facilities as a private or public street, sewer, water line, electrical power or gas distribution line, or telephone or television cable system, provided said construction complies with applicable public works standards.
(D)
Installation or construction of a building that does not require a building permit.
(E)
Minor clearing or grading for purposes of site surveying, or exploratory excavations under direction of a soil engineer or engineer geologists, provided said grading or excavation is consistent with building code requirements.
(F)
Exclusion from a permit does not exempt the development or its use from applicable requirements of the comprehensive plan and this code.
(Ord. 810, 2000; Code 2000 § 11.10.06)
§ 18.05.070 Use of a development.
A development may be used only for a lawful use. A lawful use of a development is one that is not prohibited by law and for which the development is designed, arranged, and intended or which is nonconforming pursuant to Chapter 18.135 CMC.
(A)
No structure (except single-family and duplex dwellings) hereinafter erected, moved, enlarged or altered shall be occupied, used or changed in use until after a certificate of occupancy has been issued by the building official. Such certificate shall be applied for coincident with the application for a building permit. A certificate of occupancy shall be issued only after such structure, enlargement, or alteration has been completed in conformity with the provisions of this title and with an approved site plan and required conditions, and when the proposed use conforms to this title and to any and all other required conditions. Any use legally occupying an existing building at the time this title became effective may be continued but shall not be changed unless a certificate of occupancy for the new use has been issued by the city after finding that such use conforms to this title and required conditions.
(B)
Determination of Compliance with Performance Standards. If the building official is unable to determine from information submitted by the applicant that a proposed use in an industrial zone will comply with the performance standards for the zone in which it is to be located, he shall not issue a certificate of occupancy, but shall request the applicant to authorize the city to secure expert professional advice from firms or individuals acceptable to both the city and the applicant. Professional fees shall be paid by the applicant. The building official may require that the applicant agree to pay professional fees for necessary investigations to determine compliance with the required conditions prior to and after issuance of the certificate of occupancy.
(C)
Record. A record of all certificates of occupancy shall be kept on file in the office of the building official and copies shall be furnished on request at a reasonable charge to any person having a proprietary or tenancy interest in the subject structure, use or land.
(D)
Lawfully Existing Development. For the purposes of this code, lawfully existing uses shall include the following:
(1)
All existing lots, properties, buildings, and developments developed in accordance with the comprehensive plan, and as approved by the design review board, planning commission, and/or city manager prior to May 1, 2000.
(2)
All development plans, land partitions, and preliminary and final subdivision plats reviewed and approved in accordance with the applicable zoning and subdivision standards prior to May 1, 2000.
(3)
All conditional use and temporary permits issued prior to May 1, 2000, shall remain valid consistent with the conditions and time periods in effect on the date of adoption.
(4)
Discontinuation of a lawfully established development/use for one year shall require that all future development/uses conform to current development code standards.
(Code 2000 § 11.10.07; Ord. 841 Exh. 2, 2003; Ord. 916 § 1 (Exh. A), 2010)
§ 18.05.080 Fees for land use applications.
A fee shall be charged for all review and approval procedures, land use permits and administrative actions governed by this title. Fees shall be set by resolution adopted by the city council.
(A)
Fee Schedule Update. The city council shall update the fee schedule from time to time.
(B)
Incorporation by Reference. The fee schedule most recently adopted by the city council is incorporated by reference in this title.
(C)
Fees Due and Payable. Fees are due and payable at the time an application is submitted or at such other time as may be specified in this title. The requirement to pay a fee is jurisdictional, and the city will not process an application without payment of the associated fee. If an applicant pays a fee after submitting an application, the date they pay the fee will be considered the date they submitted the application.
(D)
The city may charge double the usual application fee for those who fail to apply for any permit or other approval required by the city. The failure to submit a required fee with an application or a notice of appeal, including return of checks unpaid or other failure of consideration, may preclude the proceeding of that application or appeal.
(Code 2000 § 11.10.08; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.05.090 Enforcement.
The city manager, community development director and/or building official shall enforce the provisions of this title. An appeal from a ruling of the city manager, community development director and/or building official shall be made to the commission.
(A)
Appeal to Council. An action or ruling of the commission authorized by this title may be appealed to the council within 10 days after the commission has rendered its decision by filing written notice with the city recorder. If no appeal is taken within the 10-day period, the decision of the commission shall be final. If an appeal is filed, the council shall receive a report and recommendation from the commission and shall hold a public hearing on the appeal. Notice of the time, place and purpose of the public hearing shall be given in accordance with the requirements of CMC § 18.15.090.
(B)
Form of Petitions, Applications, and Appeals. Petitions, applications, and appeals provided for in this title shall be made on forms provided for the purpose or as otherwise prescribed by the commission in order to assure the fullest practical presentation of pertinent facts and to maintain a permanent record. Applications for a building permit shall be accompanied by plans, in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the exact size and locations on the lot of the buildings and other structures, existing and proposed; the existing and intended use of each building, structure or part thereof; the number of families to be accommodated, if any; and such other information as is needed to determine their conformance with the provisions of this title and of the building code.
(C)
Interpretation. The provisions of this title shall be held to be the minimum requirements fulfilling its objectives. Where the conditions imposed by any provisions of this title are less restrictive than comparable conditions imposed by any other provisions of this title or of any other code provisions, ordinance, resolution or regulation, the provisions which are more restrictive shall govern.
(D)
Violations of this title shall be addressed with the following process:
(1)
Education. An explanatory letter and visit (within a week of receiving a written complaint), giving two weeks to demonstrate compliance.
(2)
Warning. A reminder letter (sent two weeks after the first letter/visit) giving the consequences for not complying or instituting a city-approved compliance plan within a second two weeks.
(3)
Citation. Notice to appear in municipal court.
(4)
Initiate revocation under CMC § 18.05.100.
(Ord. 810, 2000; Code 2000 § 11.10.09; Ord. 841 Exhs; 1, 2, 2003; amended during 2007 recodification; Ord. 916 § 1 (Exh. A), 2010)
§ 18.05.100 Misrepresentation and revocation of an approval.
The community development director may upon a reasonable notice to the applicant revoke and/or recommend denial of an active land use application or land use approval previously authorized. The applicant shall have the opportunity to appeal such an action.
(A)
The community development director may revoke or recommend denial of an active land use application or previously authorized action for any of the following reasons:
(1)
Material misrepresentation of fact in the application or in testimony or evidence submitted, whether the misrepresentation is intentional or unintentional.
(2)
Failure to comply with the approval and/or conditions of approval within the time and in the manner that was approved without obtaining an extension of time or modification of plans.
(3)
Failure to maintain and use the property in accordance with the approved plans and conditions.
(B)
Enforcement of Misrepresentation and/or Noncompliance. The community development director's decision to deny a land use application shall follow procedures in CMC § 18.15.010.
(C)
Revocation of a Land Use. The community development director prior to revoking an approved land use application shall follow the steps identified in CMC § 18.05.090(D) for code enforcement.
(1)
In lieu of a citation, the director shall prepare a report with a notice of decision.
(2)
An appeal of the director's decision shall follow the procedures identified in CMC § 18.15.090.
(Ord. 916 § 1 (Exh. A), 2010)
§ 18.10.010 Plan/zone conformance.
Properties proposed for development or use permits must be appropriately designated for the proposed use on the comprehensive plan and zoned in accordance with said plan, or the application must include a request for the appropriate plan amendment and zone change.
(Code 2000 § 11.10.21)
§ 18.10.020 Procedures for processing development permit.
(A)
An application for development permit shall be processed under one of the three procedures set forth in CMC § 18.15.010.
(B)
When an application and proposed development plan is submitted the community development director shall determine the appropriate procedure specified by the code, together with the determination of affected departments, public agencies, and property owners. Where there is a question as to the appropriate type of procedure, the application shall be processed in accordance with CMC § 18.15.010(C).
(C)
The community development director shall be responsible for the coordination of the development permit application and decision-making procedure and shall only issue a development permit to an applicant whose application and proposed development is found in compliance with all of the applicable provisions set forth in the comprehensive plan and this title. Before issuing the development permit, the community development director shall be provided with the detail required to establish full compliance with the requirements of this code.
(Ord. 810, 2000; Code 2000 § 11.10.22; Ord. 841 Exh. 2, 2003)
§ 18.10.030 Neighborhood review meeting.
(A)
Prior to submittal of a Type III request which requires review by the planning commission, and for the application to be complete, the applicant shall provide an opportunity to meet with neighboring property owners, residents and businesses by conducting a neighborhood meeting.
(B)
The purpose of the neighborhood review meeting is to allow the neighbors and residents to become familiar with the proposal and to identify any issues, which may be associated with an application. The intention of the meeting is for submittal of an application that is more responsive to neighborhood concerns, reducing the likelihood for delays and appeals of the application.
(C)
The applicant shall send by regular mail a written notice announcing the neighborhood review meeting to the community development director and property owners within 250 feet of the subject property. The notice shall include the date, time and location of the meeting and a brief description of the nature and location of the proposal. The neighborhood review meeting must be held at an accessible location within the Cornelius city limits. The notice shall be deposited in the mail in the city, not less than 20 days prior to the required neighborhood review meeting.
(D)
At the neighborhood review meeting, the applicant shall present the proposed application to the neighbors in attendance.
(E)
The applicant shall not be required to hold more than one neighborhood review meeting provided such meeting is held within 180 days prior to submitting a land use or design review application for one specific site.
(Ord. 810, 2000; Code 2000 § 11.10.23; Ord. 841 Exh. 2, 2003; amended during 2007 recodification; Ord. 2016-011 § 1 (Exh. A), 2016; Ord. 2017-01 § 1 (Exh. A), 2017)
§ 18.10.040 Application documents.
An application for a building or development permit, which is subject to site design review as set forth in Chapter 18.100 CMC shall consist of the materials and information specified in this section, plus any other materials or information required by this code. Required documents shall be submitted to the community development director as follows:
(A)
A completed permit application form including identification of the project coordinator, or professional design team if application is in a commercial zone or for a planned unit development.
(B)
A narrative addressing the approval criteria, including an explanation of intent; stating the nature of the proposed development, reasons for the permit request, pertinent background information, information required by the development standards and as required by other sections of this code because of the type of development proposal or the area involved or that may have a bearing in determining the action to be taken.
(C)
Proof that the property affected by the application is in the exclusive ownership of the applicant or that the applicant has the consent of all individuals or partners in ownership of the affected property. Legal description of the property affected by the applicant.
(D)
The application shall include conceptual and quantitatively accurate representations of the entire development sufficient to judge the scope, size, and impact of the development on the community, public facilities, and adjacent properties; and except as otherwise specified in this code.
(E)
The number of required documents for completeness review, facilities and design review and planning commission review shall be identified on the application checklist.
(F)
Site plans and architectural renderings drawn to scale, showing the proposed layout of all structures and other improvements per the approved city application checklist, including an erosion control plan for any building or land development permit. Such a plan shall conform to the standards established by Clean Water Services (CWS) and shall conform to CMC § 13.30.020, Clean Water Services of Washington County rules adopted.
(G)
The total land area, in square feet devoted to various uses such as total site area, building area (gross and net rentable), parking and paved coverage, landscaped area coverage, and average residential density per net acre. The percentage of site coverage for each use shall also be calculated.
(H)
Documentation of Neighborhood Review Meeting, if Required.
(1)
A copy of the notice sent to surrounding property owners within 250 feet of the subject parcel.
(2)
A copy of the mailing list used to send out meeting notices.
(3)
Repealed by Ord. 2017-01.
(4)
An affidavit of mailing notices.
(5)
Representative copies of written materials and plans presented at the neighborhood review meeting.
(6)
Notes of the meeting, including the meeting date, time, and location, the names and addresses of those attending, and oral and written comments received.
(I)
An application fee as set by the city council.
(Ord. 696 § 1, 1989; Ord. 810, 2000; Code 2000 § 11.10.24; Ord. 841 Exh. 2, 2003; Ord. 2017-01 § 1 (Exh. A), 2017)
§ 18.10.050 Complete submittal required.
Application materials shall be submitted to the community development director who shall have the date of submission indicated on each copy submitted. Within 30 days from the date of submission, the community development director shall determine whether an application is complete.
(A)
If the community development director determines that the application is incomplete or otherwise does not conform to the provisions of the code, the applicant shall immediately be notified of the negative determination in writing by mail, or email if provided on the application materials, conveying an explanation and a submittal deadline for completion or correction of the application.
(B)
An application shall be determined to be complete upon receipt of:
(1)
All of the information identified in subsection (A) of this section;
(2)
Some of the missing information and written notice from the applicant that no other information will be provided; or
(3)
Written notice from the applicant that none of the missing information will be provided.
(C)
If an application is determined to be complete and in conformance with the provisions of the code, the community development director shall accept it and note the date of acceptance on the application form. The community development director shall then schedule the appropriate review and notify the applicant in writing of the date of the final decision or the hearing as set forth in Chapter 18.15 CMC.
(D)
The applicant may request to be reviewed under those standards and criteria that are operative at the time of the request.
(1)
All timelines for completeness review and final decisions restart as if a new application were submitted on the date of the request.
(2)
The request may be denied if:
(a)
The public notice has been mailed or published; or
(b)
A prior request to restart has been made; and
(c)
A fee may be charged only to cover the additional costs to accommodate the request; and
(d)
A new application may not be requested, unless information submittal is required to address changes in information or locations or additional narrative is required to understand the request in context; and
(e)
A new process or hearing cannot be required that is not applicable to the change in standards or criteria.
(Ord. 810, 2000; Code 2000 § 11.10.25; Ord. 841 Exh. 2, 2003; Ord. 2016-011 § 1 (Exh. A), 2016; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.10.060 Filing fee.
The council shall by resolution establish fees and deposits to be paid for all development permits.
(Ord. 810, 2000; Code 2000 § 11.10.26)
§ 18.10.070 Jurisdiction and powers.
(A)
Authority of Community Development Director. The community development director shall have authority over the daily administration and enforcement of the provisions of this chapter and shall have specific authority as follows:
(1)
Pursuant to Type I procedures set forth in CMC § 18.15.010(A), the community development director shall approve, approve with conditions, or deny:
(a)
Design review Type I requests.
(b)
Signs authorized for administrative review.
(c)
Lot line adjustments in approved subdivisions and for other legally created lots.
(d)
Fence construction permits, consistent with CMC § 18.150.020.
(e)
A temporary permit consistent with Chapter 18.120 CMC.
(f)
Administrative Relief. The community development director may grant or deny a variation from quantifiable provisions of yard, lot coverage, lot area, lot dimension, or parking, to relieve a hardship created by unusual lot conditions or circumstances, provided the request involves only the expansion or reduction of not more than 10 percent of the requirement.
(g)
Request for the Community Development Director's Interpretation. The community development director shall have the initial authority and responsibility to interpret all terms, provisions and requirements of this title.
(2)
Pursuant to Type II procedures set forth in CMC § 18.15.010(B), the community development director shall approve, approve with conditions, deny, or refer the following applications to the planning commission for a hearing, pursuant to CMC § 18.15.010(C):
(a)
Design review Type II requests.
(b)
Architectural, site development, and landscape plans in compliance with applicable standards.
(c)
Land partitions and subdivisions in full compliance with Chapter 17.05 CMC.
(d)
A temporary permit consistent with Chapter 18.120 CMC.
(e)
Other specific actions or duties delegated by the planning commission, or by order of the city council, setting forth the review procedures guided by clear and objective standards for administration.
(B)
Authority of Planning Commission.
(1)
As specified in Chapter 2.65 CMC, the commission shall have authority to administer and enforce all the provisions of Chapter 18.15 CMC.
(2)
At their earliest regularly scheduled meeting following the date of complete submission, the commission shall review and approve, approve with conditions, or deny the proposed development. However, if the commission finds that additional information or time is necessary to render a reasonable decision, the matter may be continued to a date certain. The applicant shall be immediately notified in writing of any such continuation or delay together with the scheduled date of review.
(C)
Authority of City Council. Upon appeal or upon referral for legislative action, the council shall have final authority to interpret and enforce the procedures and standards set forth in this chapter.
(Ord. 810, 2000; Code 2000 § 11.10.27; Ord. 841 Exhs; 1, 2, 2003)
§ 18.15.010 Application review.
Applications for site development permits and land divisions shall be reviewed as follows. A zone change shall be reviewed in accordance with the procedures set forth in CMC § 18.125.010.
(A)
Type I – Administrative Review. A Type I application shall be processed without need for a public hearing or notification of other property owners.
(B)
Type II – Administrative Review. A Type II application shall be processed without need for a public hearing, except as determined appropriate by the community development director.
(1)
Upon receipt of an application for a Type II action, public notice of the impending application shall be given pursuant to the provisions of CMC § 18.15.030. Notice shall be given for general information purposes to provide affected parties the opportunity to review submitted plans and make their comments to the community development director orally or in writing. The community development director shall not hold a public hearing but may allow affected parties to attend meetings of the city for informational purposes.
(2)
If the community development director contemplates that persons other than the applicant can be expected to question the application compliance with the comprehensive plan and development standards, the community development director may initiate a public hearing before the planning commission pursuant to subsection (C) of this section, or the applicant may request that the application for a Type II decision go directly to the planning commission, in which case the notice provision shall follow that for a Type III action as discussed in CMC § 18.15.030.
(3)
Within 10 days of the final response date, set forth in the notice, the community development director shall review comments received and make a finding for each of any points in dispute and make a final decision. The final decision and supporting findings shall be forwarded to the applicant and affected parties who submitted comments. The notice of decision shall indicate the date of final action, conditions attached, if any, and the right of appeal pursuant to CMC § 18.15.090.
(4)
A Type II decision of the community development director may be appealed by the applicant, any person who is adversely affected or aggrieved or anyone who is entitled to notice under CMC § 18.15.030(A).
(C)
Type III – Commission Review. A Type III request, as set forth in CMC § 18.10.070(B), shall be processed with notice and a public hearing pursuant to CMC § 18.15.040, as follows:
(1)
All Type III requests shall require a preapplication meeting between the applicant and the design review team. The purpose of a preapplication meeting is to obtain a preliminary understanding of the proposed project and to collectively discuss considerations related to planning and land use; building; fire, life, and safety; and public works standards. The community development director shall make available a preapplication meeting request form to be completed and submitted by the applicant to the community development department. Following receipt of the preapplication meeting request form, CDD staff shall schedule a preapplication meeting with the applicant at the earliest available regularly scheduled pre-application meeting date.
(2)
Prior to submittal of a Type III request which requires review by the planning commission, and for the application to be complete, the applicant shall provide an opportunity to meet with neighboring property owners, residents and businesses by conducting a neighborhood review meeting.
(3)
Once a complete application is accepted, the community development director shall schedule a public hearing before the planning commission at their next regularly scheduled meeting where legally sufficient notice can be provided to the public prior to the hearing. Notice shall be provided pursuant to CMC § 18.15.030.
(4)
The community development director shall prepare a staff report, including conclusionary findings. Said report shall be forwarded to the commission and made available to interested parties at least seven days prior to the date of public hearing. At the public hearing, the staff, any applicant, and interested persons may present information relevant to the policies, criteria, and standards pertinent to the proposal, giving reasons why the application should or should not be approved or proposing modifications or conditions and the reasons the person believes they are necessary for approval. The hearing body shall make a finding for each of the applicable policies, criteria and standards. The decision, including findings, of the hearing body shall be written and adopted, setting forth all conditions of approval or basis for denial and relevant time periods for compliance with said conditions.
(5)
The community development director shall provide notice of final decision to the applicant and interested parties. The notice shall indicate the date the action is to become effective, conditions attached, if any, and the right of appeal pursuant to CMC § 18.15.090. The notice shall invite persons to submit information within 10 days relevant to the standards pertinent to the proposal and giving reasons why the application should or should not be approved or proposing conditions the person believes are necessary for approval according to the standards. The notice shall also advise the person of the right to appeal the decision on the proposed development if the person's concerns are not resolved. If the application is approved and no appeal filed within the time period allowed, the community development director shall issue a development permit consistent with the standards and conditions of approval.
(6)
A decision of the commission may be appealed by the applicant or affected party pursuant to CMC § 18.15.090.
(D)
Council Review.
(1)
When a decision or approval of the council is required, the community development director shall schedule a public hearing pursuant to CMC § 18.15.040. Said hearing shall be scheduled within 60 days of the date of appeal. At the public hearing the staff shall review the report of the planning commission and provide other pertinent information, and interested persons shall be given the opportunity to present testimony and information relevant to the proposal and make final arguments why the matter shall not be approved and, if approved, the nature of the provisions to be contained in approving action.
(2)
To the extent that a finding of fact is required, the council shall make a finding for each of the criteria applicable and in doing so may sustain or reverse a finding of the planning commission. The council may delete, add, or modify any of the provisions pertaining to the proposal or attach certain development or use conditions beyond those warranted for compliance with standards in granting an approval if the council determines the conditions are appropriate to fulfill the criteria for approval.
(3)
To the extent that a policy is to be established or revised, the council shall make its decision after information from the hearing has been received. The decision shall become effective by passage of an ordinance, resolution, or order.
(Code 2000 § 11.10.31; Ord. 841 Exhs; 1, 2, 2003; Ord. 2016-011 § 1 (Exh. A), 2016; Ord. 2017-04 § 1 (Exh. A), 2017; Ord. 2020-05 § 1 (Exh. A), 2020; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.15.020 Legislative enactments not restricted.
Nothing in CMC § 18.15.010(A) through (D) shall limit the authority of the council to make changes in district designations or requirements as part of some more extensive revision of the comprehensive plan, the implementing ordinance or development standards, or relieve a use or development from compliance with other applicable laws.
(Code 2000 § 11.10.32)
§ 18.15.030 Notice.
(A)
Administrative Review. Notice of a Type II administrative review without a hearing shall:
(1)
Provide a 20-day period for submitting written comments prior to a final decision;
(2)
Explain the nature of the application and the proposed use or uses which could be authorized;
(3)
Set forth the street address or other easily understood geographical reference to the subject property;
(4)
Include the name of a local government representative to contact and the telephone number where additional information may be obtained;
(5)
State that a copy of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost;
(6)
State that any person who is adversely affected or aggrieved or who is entitled to written notice under this section may appeal the decision by filing a written appeal in the manner as provided in CMC § 18.15.090;
(7)
State that the decision will not become final until the period for filing an appeal has expired;
(8)
State that a person who is mailed written notice of the decision cannot appeal the decision directly to the land use board of appeals under ORS 197.830.
Notice under this section shall be provided to the applicant and to the owners of record of property on the most recent property tax assessment roll where such property is located within 250 feet of the property that is the subject of the notice.
(B)
Quasi-Judicial Evidentiary Hearing. Notice of a Type III decision before the planning commission or an appeal to the planning commission from a Type I or II decision shall:
(1)
Comply with subsections (A)(2) through (5) of this section;
(2)
State the date, time and location of the hearing;
(3)
List the applicable criteria from this title and the plan that apply to the application at issue;
(4)
State that failure of an issue to be raised in a hearing, in person or by letter, or failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue precludes an appeal of the decision based on that issue;
(5)
State that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and will be provided at reasonable cost; and
(6)
Include a general explanation of the requirements for submission of testimony and the procedure for conduct of hearings.
Notice under this section shall be provided to the applicant and the owners of record of property on the most recent property tax assessment roll where such property is located within 250 feet of the property that is the subject of the notice at least 20 days prior to the date of the hearing.
(C)
Appeal to City Council. Notice of a hearing on appeal to the city council pursuant to CMC § 18.15.090(D) and (E) shall be provided in the following manner:
(1)
For an on the record appeal, notice shall state the issues raised in the appeal and comply with subsections (B)(1) through (6) of this section. The notice shall state that the appeal will be limited to the issues raised in the appeal and to the evidence contained in the record of the planning commission.
(2)
For a de novo hearing, state the issues raised in the appeal and comply with subsections (B)(1) through (6) of this section. The notice shall state whether the city council will permit a new evidentiary hearing or limit new evidence to the issues raised in the appeal.
(D)
Legislative Hearings. A legislative hearing before the planning commission or city council shall be provided in the following manner:
(1)
Notice shall be published in a newspaper of general circulation within the city at least 20 days prior to the initial hearing before the planning commission and city council. If the decision will "rezone" property as that term is defined in ORS 227.186, notice will also be provided to certain property owners in accordance with ORS 227.186.
(2)
Notice shall be provided to all affected agencies and organizations recognized in the comprehensive plan and any person or entity requesting notice.
(3)
Notice shall include:
(a)
The time, date and location of the hearing.
(b)
A summary of the proposed amendments.
(c)
A statement that a copy of the proposed amendments are available for review or to purchase a copy.
(Code 2000 § 11.10.33; Ord. 841 Exh. 1, 2003; Ord. 2020-05 § 1 (Exh. A), 2020)
§ 18.15.040 Hearing procedures.
(A)
Public hearings shall be conducted in accordance with procedures for evidentiary hearings set forth in CMC § 2.40.020, Government and Administration, or as otherwise amended by city council action.
(B)
Decision. Following the hearing procedure, the hearing body shall approve, conditionally approve, or deny the application, or, if the hearing is in the nature of an appeal, affirm, reverse, or remand the decision that is on appeal. A decision will be made in a timely manner and within any deadlines imposed by state or federal law.
(C)
Findings and Order. The hearing body shall prepare findings of fact and a final order which shall include:
(1)
A statement of the applicable criteria against which the proposal was tested, and of the hearing body's interpretation of what would be required to achieve compliance with the criteria and standards.
(2)
A statement of the facts which the hearing body found establishing compliance or noncompliance with each applicable criteria and assurance of compliance with applicable standards.
(3)
The reasons for a conclusion to approve or deny.
(4)
The decision to deny or approve the proposed change with or without conditions.
(Code 2000 § 11.10.34; Ord. 2020-05 § 1 (Exh. A), 2020)
§ 18.15.050 Interested officers or employees.
No officer or employee of the city who has a financial or other private interest in a proposal shall participate in discussion with or give an official opinion to the hearing body on the proposal without first declaring for the record the nature and extent of such interest.
(Code 2000 § 11.10.35)
§ 18.15.060 Hearing body – Conflicts of interest.
(A)
A member of the hearing body shall disclose any actual or potential conflict of interest before participating in any hearing body proceeding or action on a planning matter involving action on any particular parcel of real estate. No member shall participate as a member of the hearing body if he has an actual conflict of interest. A member of the hearing body may participate as a member of the public at large in cases where he has an actual conflict of interest.
(B)
An actual conflict of interest arises when any of the following persons have direct or substantial financial interest in the particular parcel of real estate or in property immediately adjacent to that real estate:
(1)
The member or his spouse;
(2)
A brother, sister, child, parent, father-in-law, or mother-in-law of the member;
(3)
Any business associate of the member within the previous two years, a prospective partner, an employer or prospective employer.
(C)
If a member of the hearing body shows evidence of or declares a potential conflict of interest, members of the public or other members of the hearing body may challenge his participation in hearing body proceedings on the particular issue involved. Following such a challenge, the member of the hearing body may either withdraw from participation or explain the invalidity of the challenge. In cases of potential conflict, the hearing body member himself will decide on his final participation.
(D)
A potential conflict of interest arises when the member has an indirect financial interest in the particular parcel of real estate or in property immediately adjacent to that real estate or exhibits bias toward the real estate, its owners, or its tenants.
(E)
Disqualification for reasons other than the member's own judgment may be ordered by a majority of the members of a hearing body present and voting. The member who is the subject of the motion for disqualification may not vote on the motion.
(F)
Rights of Disqualified Member of the Hearing Body.
(1)
An abstaining or disqualified member of the hearing body shall be counted for purposes of forming a quorum. A member who represents personal interest at a hearing may do so only by abstaining from voting on the proposal, physically joining the audience and vacating the seat on the hearing body, and making full disclosure of his or her status and position at the time of addressing the hearing body.
(2)
If a majority of the hearing body abstains or is disqualified, all members present, after stating their reasons for abstention or disqualification, shall by so doing be requalified and proceed to resolve the issues.
(3)
Except for appeal hearings conducted by the council, a member present during the presentation of evidence in a hearing may not participate in the deliberations or final decision regarding the matter of the hearing unless the member has reviewed the evidence received.
(Code 2000 § 11.10.36; Ord. 2019-03 § 1)
§ 18.15.070 Ex parte contacts.
The general public has a right to have hearing body members free from prehearing or ex parte contacts on matters heard by them. It is recognized that a countervailing public right is free access to public officials on any matter. Therefore, hearing body members shall reveal any significant prehearing or ex parte contacts with regard to any matter; the member shall so state and shall participate or abstain in accordance with CMC § 18.15.060.
(Code 2000 § 11.10.37)
§ 18.15.080 Record of proceedings.
City staff shall be present at each hearing and shall cause the proceedings to be recorded electronically, by computer or in writing:
(A)
Testimony shall be transcribed if required for judicial review or if ordered by the hearing body.
(B)
The hearing body shall, where practicable, retain as part of the hearing record each item of physical or documentary evidence presented and shall have the items marked to show the identity of the person offering the same and whether presented on behalf of a proponent or opponent. Exhibits received into evidence shall be retained in the hearing file until after the applicable appeal period has expired, at which time the exhibits may be released to the person identified thereon, or otherwise disposed of.
(C)
Included in the record shall be a brief statement that explains the criteria and standards considered relevant to the decision, states the facts relied upon in rendering the decision, and explains the justification for the decision based on the criteria, standards, and facts set forth.
(D)
A person shall have access to the record of the proceedings at reasonable times, places, and circumstances. A person shall be entitled to make copies of the record at the person's own expense.
(Code 2000 § 11.10.38)
§ 18.15.090 Appeal procedures.
(A)
Reviewing Body.
(1)
Type I and II Decisions. An appeal of a decision by the community development director on issuance of a development permit may be appealed to the planning commission.
(2)
Type III Decision. A decision of the planning commission may be appealed to the council.
(B)
Timeliness of Appeal.
(1)
An appeal must be received by the city within 10 days of the date the notice of decision is mailed.
(2)
Failure to receive the appeal within 10 days is jurisdictional.
(3)
The day the notice of decisions was mailed shall not be included for purposes of determining the expiration of the appeal period.
(4)
If the 10-day appeal period ends on a weekend or a holiday, the appeal period closes on the next working day.
(C)
Contents of an Appeal. The appeal shall set forth:
(1)
The name of the person or entity appealing the decision.
(2)
The decision being appealed.
(3)
A statement of the issue(s) being appealed with sufficient specificity to allow the city and any person an opportunity to respond.
(D)
Hearing on Appeal.
(1)
Planning Commission. An appeal to the planning commission shall be de novo.
(2)
City Council. An appeal to the council shall be on the record unless otherwise approved by the city council under subsection (E) of this section. The record shall include:
(a)
A staff report.
(b)
All written documents or other evidence submitted to the city in the proceeding before the planning commission and, if applicable, the proceeding before the community development director.
(c)
The transcript of the hearing before the planning commission.
(d)
Any notices provided by the city.
(E)
Petition for a De Novo Hearing before City Council. The applicant may petition the city council for a de novo hearing. The city will not accept a petition unless the applicant provides a written extension of the 120-day period under state law for a period of 30 days. The city council shall take final action on the request within 30 days. The decision to approve or deny this request shall be based on the following factors:
(1)
Prejudice to the parties.
(2)
Convenience or availability of evidence at the time of the initial hearing.
(3)
Surprise to opposing parties.
(4)
The competency, relevancy, and materiality of the proposed testimony or other evidence.
The council may allow a new evidentiary hearing or limit new evidence to the issues raised in the appeal. The request shall be decided at a public meeting without hearing or comment. Any comments on the city council's decision on whether to accept additional evidence may be presented at the time of the appeal hearing.
(F)
Effective Date of Decisions. A decision of the community development director or planning commission shall become effective 11 days after the date of the decision unless an appeal is received by the city in accordance with subsection (A) of this section.
(Ord. 810, 2000; Code 2000 § 11.10.39; Ord. 841 Exhs; 1, 2, 2003; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.15.100 Time extensions.
Prior to the expiration date of a land use approval, the applicant and property owner may request an extension of time.
(A)
Land Use Approval Extension Time Limit.
(1)
The community development director may grant the two one-year extensions if the request complies with the land use approval extension criteria and the original granting authority may grant one additional subsequent one-year extension. Temporary use permit extensions may be granted by the community development director as a Type I permit.
(2)
No more than three extensions may be granted. No variances may be granted from this provision.
(3)
Following the second one-year extension by the community development director, the original granting authority may grant one additional subsequent one-year extension. Temporary use permit extensions may be granted by the community development director as a Type I permit.
(4)
This section shall apply to all extensions requested after the date of enactment regardless of the date of the original permit final decision. If a land use approval has been granted extensions prior to adoption of the ordinance codified in this section, subsequent extension requests shall be reviewed by the granting authority. Three total extensions may be granted.
(B)
Land Use Approval Extension Criteria. The granting authority may grant an extension of a land use approval upon written findings that the request complies with the following:
(1)
The applicant has made a written request for an extension of the land use approval prior to expiration of the approval period; and
(2)
The applicant demonstrates one or more reasons that reasonably caused the applicant to delay substantial construction prior to expiration of the approval period; and
(3)
The city determines that the applicant was unable to obtain substantial construction during the approval period for reasons for which the applicant was not responsible; and
(4)
The property subject to the land use approval complies with all city code requirements.
(C)
Land Use Approval Extension Procedures.
(1)
Applications for extensions shall be submitted in accordance with the review procedures of this chapter. Extension requests shall be submitted to the community development department prior to permit expiration.
(2)
Public notice and procedures on applications for extension requests shall be in accordance with the review procedures of this chapter. However, in addition to mailed notice as required in review procedures of this chapter, notice shall be provided also to those on the record for the original land use approval, associated appeals, and associated extensions.
(3)
The administrative decision, public hearing, and/or commission decision concerning an extension may occur after the land use approval would have expired but for a timely filed request for an extension.
(D)
Appeals. The decision concerning an extension may be appealed. Appeals shall be made in accordance with review procedures of this chapter. Appeals on land use approval extensions shall be limited to the issues relevant to the extension criteria only and not to issues relevant to the original approval.
(Ord. 2024-03 § 1 (Exh. A), 2024)
