A. Purpose. The purpose of this chapter is to establish standard decision-making procedures that will enable the city, the applicant, and the public to review applications and participate in the local decision-making process in a timely and effective way. Table 17.401.010 provides a key for determining the review procedure and the decision-making body for particular approvals.

B. Applicability of Review Procedures. All land use and development permit applications and approvals, except building permits, shall be decided by using the procedures contained in this chapter. The procedure “type” assigned to each application governs the decision-making process for that permit or approval. There are five types of permit/approval procedures as described in subsections (B)(1) through (B)(5) of this section. Table 17.401.010 lists the city’s land use and development approvals and corresponding review procedure(s).

1. Type I Procedure (Staff Review). Type I decisions are made by the city planning official, or his or her designee, without public notice and without a public hearing. A Type I procedure is used in applying city standards and criteria that do not require the use of discretion (i.e., clear and objective standards).

2. Type II Procedure (Administrative/Staff Review with Notice). Type II decisions are made by the city planning official with public notice and an opportunity for appeal to the planning commission.

3. Type III Procedure (Quasi-Judicial Review – Planning Commission Hearing). Type III decisions are made by the planning commission after a public hearing, with an opportunity for appeal to the city council.

4. Type IV Procedure (Quasi-Judicial Review – Planning Commission and City Council Hearings). The Type IV procedure applies to certain small-scale quasi-judicial decisions (i.e., small zone changes, right-of-way vacations, and annexations) that are considered by the planning commission for a recommendation to city council, and then by the city council for a final decision.

5. Type V Procedure (Legislative Review – Planning Commission and City Council Hearings). The Type V procedure applies to the creation or revision, or large-scale implementation, of public policy (i.e., adoption of regulations, zone changes, annexation, and comprehensive plan amendments). Type V reviews are considered by the planning commission for a recommendation to city council. City council makes the final decision on legislative proposals.

*The applicant may be required to obtain building permits and other approvals. The city’s failure to notify the applicant of any requirement or procedure of another agency shall not invalidate a permit or other decision made by the city under this code.

**The city council through the Type III procedure reviews park and open space master plans.

C. Determination of Procedure Type. If there is a question of which procedure type a particular application should follow, the planning official shall determine the procedure to use. [Ord. 586-2024 § 1 (Exh. A); Ord. 582-2023 § 3 (Exh. C); Ord. 572-2021 § 1 (Exh. B); Ord. 521-2013 § 3 (Exh. A)].

The city planning official, or his or her designee, without public notice and without a public hearing, makes ministerial decisions through the Type I procedure. The Type I procedure is used in applying city standards and criteria that do not require the exercise of discretion (i.e., clear and objective standards).

A. Application Requirements.

1. Application Forms. Approvals requiring Type I review shall be made on forms provided by the city.

2. Application Requirements.

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. Requirements. A building permit shall not be issued until the city planning official has approved a Type I application for the proposed project.

C. Criteria and Decision. The city planning official’s review is intended to determine whether minimum code requirements are met and whether any other land use permit or approval is required prior to issuance of a building permit.

D. Effective Date. A Type I decision is final on the date it is signed by the city planning official. It is not a land use decision or limited land use decision as defined by ORS 197.015. Decisions may only be appealed to the planning commission where specifically noted. [Ord. 521-2013 § 3 (Exh. A)].

The city planning official or his or her designee performs administrative staff reviews through the Type II procedure. Type II decisions are made by the city planning official with public notice and an opportunity for appeal to the planning commission.

A. Application Requirements.

1. Applications for projects requiring administrative review shall be made on forms provided by the city.

2. The city planning official shall advise the applicant of the application submittal requirements. At a minimum, the application shall include all of the following information:

a. The information requested on the application form;

b. Plans and exhibits required for the specific approval(s) being sought (for example, requirements for property line adjustments are in Chapter 17.403 DMC);

c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail;

d. Information demonstrating compliance with prior decision(s) and conditions of approval for the subject site, as applicable;

e. Draft public notice and public mailing list; and

f. The required fee.

B. Procedure.

1. The city planning official shall mail public notice of applications subject to administrative review not less than 14 days prior to decision. The city planning official shall prepare an affidavit of notice stating the date the notice was mailed, which shall be made a part of the file.

2. The purpose of the administrative review notice is to give nearby property owners and other interested people and agencies the opportunity to submit written comments on the application before the planning official issues the decision. The intent is to invite people to participate early in the decision-making process. Therefore all of the following individuals and agencies shall be notified:

a. All owners of record of real property within a minimum of 100 feet of the subject site;

b. Any person who submits a written request to receive a notice; and

c. Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the city and any other affected agencies. At a minimum, the city planning official shall notify the road authority if different than the city of Dundee. The failure of another agency to respond with written comments on a pending application shall not invalidate an action or permit approval made by the city under this code.

3. The notice shall contain all of the following information:

a. The deadline for submitting written comments;

b. A summary of the proposal and the relevant approval criteria. The notice must have sufficient detail to help the public identify and locate applicable code requirements;

c. The address and city contact person for submitting written comments;

d. The street address or other easily understandable reference to the location of the proposed use or development;

e. Disclosure statement indicating 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;

f. Statement that all evidence relied upon by the city planning official to make its decision is in the public record and is available for public review. Copies of this evidence can be obtained at a reasonable cost from the city; and

g. Statement that after the comment period closes the city will issue its decision and the decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice.

4. At the conclusion of the comment period, the city planning official shall review the comments received and prepare a decision notice approving, approving with conditions, or denying the application based on the applicable code criteria.

5. The city planning official shall prepare a notice of decision and mail it to the applicant, property owner (if different), those who provided written comments on the proposal, and those who requested a copy of the decision. The administrative notice of decision shall contain all of the following information:

a. A description of the applicant’s proposal and the city’s decision on the proposal. The notice may be a summary, provided it references the specifics of the proposal and conditions of approval in the public record;

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 (i.e., copy of assessor’s map may be used);

c. A statement of where the city’s decision can be obtained;

d. The date the decision shall become final, unless appealed; and

e. A statement that all persons entitled to notice may appeal the decision to the planning commission pursuant to subsection (D) of this section.

C. Effective Date of Decision. Unless the conditions of approval specify otherwise, an administrative decision becomes effective 10 days after the city mails the decision notice unless the decision is appealed pursuant to subsection (D) of this section.

D. Appeal of Type II (Administrative) Decision. A Type II administrative decision made by the city planning official may be appealed to the Dundee planning commission, pursuant to the following:

1. Who May Appeal. The following people have legal standing to appeal a Type II administrative decision:

a. The applicant or owner of the subject property;

b. Any person who was entitled to written notice of the administrative review;

c. Any other person who participated in the proceeding by submitting written comments on the application to the city by the specified deadline.

2. Appeal Filing Procedure.

a. Notice of Appeal. Any person with standing to appeal, as provided in subsection (D)(1) of this section, may appeal a Type II administrative decision by filing a notice of appeal according to the following procedures.

b. Time for Filing. A notice of appeal shall be filed with the city planning official within the time frame specified on the notice of decision; this will be within 10 days of the date the notice of decision is mailed.

c. Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall contain:

i. An identification of the decision being appealed, including the date of the decision;

ii. A statement demonstrating the person filing the notice of appeal has standing to appeal;

iii. A statement explaining the specific issues being raised on appeal; and

iv. If the appellant is not the applicant, a statement demonstrating that the appeal issues were raised during the comment period.

3. Scope of Appeal. The appeal of a Type II administrative decision shall be a hearing de novo before the planning commission, where the contested decision was made by the city planning official. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the administrative decision, but may include other relevant evidence and arguments. The hearing appeal body may allow additional evidence, testimony or argument concerning any relevant standard, criterion, condition, or issue.

4. Appeal Hearing Procedure. Hearings on appeals of Type II decisions shall follow the same procedure used for public hearings on Type III reviews under DMC 17.401.040. DMC 17.401.040 contains requirements for public hearing notices, conduct of hearings, and decision-making procedures. [Ord. 521-2013 § 3 (Exh. A)].

The planning commission makes Type III quasi-judicial decisions. The Type III review procedure involves a public hearing, and provides an opportunity for those who appear to appeal the planning commission decision to the city council.

A. Application Requirements.

1. Application Forms. Applications requiring a quasi-judicial public hearing shall be made on forms provided by the city planning official.

2. Submittal Information. The city planning official shall advise the applicant on application submittal requirements. At a minimum, the application shall include all of the following information:

a. The information requested on the application form;

b. Plans and exhibits required for the specific approval(s) being sought;

c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail;

d. Information demonstrating compliance with prior decision(s) and conditions of approval for the subject site, as applicable;

e. Draft public notice and public mailing list; and

f. The required fee.

B. Procedure.

1. Mailed and Published Notice. The city planning official shall mail public notice of a public hearing on a quasi-judicial application not less than 20 days prior to the first hearing date on the application to the individuals and organizations listed below. The city planning official shall prepare an affidavit of notice stating the date the notice was mailed, which shall be made a part of the file. Notice shall be mailed to:

a. All owners of record of real property located within a minimum of 100 feet of the subject site;

b. Any person who submits a written request to receive a notice; and

c. Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the city and any other affected agencies. At a minimum, the city planning official shall notify the road authority if different than the city of Dundee. The failure of another agency to respond with written comments on a pending application shall not invalidate an action or permit approval made by the city under this code.

2. Posted Notice. The city planning official shall post public notice(s) of the public hearing on the subject site not less than 20 days prior to the first hearing date on the application. Notice posters shall be posted in conspicuous locations, with at least one poster on each street frontage adjacent to the subject site. Notices shall be posted at least once every 600 feet of street frontage along the perimeter of the property. The city planning official shall prepare a signed affidavit of posting, which shall be made a part of the file. The affidavit shall state the date and location(s) where the notice was posted.

3. Content of Notices. Notice of a quasi-judicial hearing to be mailed and published shall contain all of the following information:

a. A summary of the proposal and the relevant approval criteria. The notice must have sufficient detail to help the public identify and locate applicable code requirements;

b. The date, time and location of the scheduled hearing;

c. The street address or other easily understandable reference to the location of the proposed use or development;

d. A disclosure statement that if any person fails to address the relevant approval criteria with enough detail, they may not be able to appeal to the city council, Land Use Board of Appeals, or circuit court, as applicable, on that issue. Only comments on the relevant approval criteria are considered relevant evidence;

e. A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and the applicable criteria and standards shall be available for review at the office of the city planning official and that copies shall be provided at a reasonable cost;

f. A statement that a copy of the city’s staff report and recommendation to the hearing 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;

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

h. A statement that after the public hearing closes, the planning commission will issue its decision, and the decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice.

C. Conduct of the Public Hearing.

1. Hearing Instructions. At the commencement of the hearing, the chairperson of the commission or mayor, as applicable, or his or her designee, shall state to those in attendance all of the following information and instructions:

a. The applicable approval criteria by code chapter that apply to the application;

b. Testimony and evidence shall concern the approval criteria described in the staff report, or other criteria in the comprehensive plan or land use regulations that the person testifying believes to apply to the decision;

c. Failure to raise an issue with sufficient detail to give the hearing body and the parties an opportunity to respond to the issue may preclude appeal to the State Land Use Board of Appeals on that issue;

d. At the conclusion of the initial evidentiary hearing, the hearing body shall deliberate and make a decision based on the facts and arguments in the public record. See subsection (F) of this section, Record of the Public Hearing;

e. Any participant may ask the hearing body for an opportunity to present additional relevant evidence or testimony that is within the scope of the hearing; if the hearing body grants the request, it will schedule a date to continue the hearing as provided in subsection (C)(5) of this section, or leave the record open for additional written evidence or testimony as provided in subsection (C)(6) of this section.

2. Impartial Tribunal. The public is entitled to an impartial hearing body as free from potential conflicts of interest and prehearing ex parte (outside the hearing) contacts as reasonably possible. Where questions related to ex parte contact are concerned, members of the hearing body shall follow the guidance for disclosure of ex parte contacts contained in ORS 227.180. Where a real conflict of interest arises, that member or members of the hearing body shall not participate in the hearing, except where state law provides otherwise. Where the appearance of a conflict of interest is likely, the member or members of the hearing body shall individually disclose their relationship to the applicant in the public hearing and state whether they are capable of rendering a fair and impartial decision. If they are unable to render a fair and impartial decision, they shall excuse themselves from the proceedings.

3. Presenting and Receiving Evidence.

a. The hearing 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 by this section;

c. Members of the hearing 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 beginning of the hearing and an opportunity is provided to dispute the evidence.

4. Record. The hearing body, in making its decision, shall consider only facts and arguments in the public hearing record; except that it may take notice of facts not in the hearing record (e.g., local, state, or federal regulations; previous city decisions; case law; staff reports) upon announcing its intention to take notice of such facts in its deliberations and allowing persons who previously participated in the hearing to request the hearing record be reopened, as necessary, to present evidence concerning the newly presented facts.

5. Continuances. If the hearing body decides to continue the hearing, the hearing shall be continued to a date that is at least seven days after the date of the first evidentiary hearing (e.g., next regularly scheduled meeting). An opportunity shall be provided at the continued hearing for persons to present and respond to new written evidence and oral testimony. If new written evidence is submitted at the continued hearing, any person may request, before the conclusion of the hearing, that the record be left open for at least seven days, so that they can submit additional written evidence or arguments in response to the new written evidence. In the interest of time, after the close of the hearing, the hearing body may limit additional testimony to arguments and not accept additional evidence.

6. Record Left Open for Additional Testimony. If the hearing body leaves the record open for additional written testimony, the record shall be left open for at least seven days after the hearing. Any participant may ask the hearing body in writing for an opportunity to respond to new evidence (i.e., information not disclosed during the public hearing) submitted when the record was left open. If such a request is filed, the hearing body shall reopen the record, as follows:

a. When the record is reopened to admit new evidence or arguments (testimony), any person may raise new issues that relate to that new evidence or testimony;

b. An extension of the hearing or record granted pursuant to this section is subject to the limitations of DMC 17.401.070 (ORS 227.178 – “120-day rule”), unless the applicant waives his or her right to a final decision being made within 120 days of filing a complete application; and

c. If requested by the applicant, the hearing body shall grant the applicant at least seven days after the record is closed to all other persons to submit final written arguments, but not evidence, provided the applicant may expressly waive this right.

7. Decision Notice. The notice of quasi-judicial decision shall contain all of the following information:

a. A description of the applicant’s proposal and the city’s decision on the proposal. The notice may be a summary, provided it references the specifics of the proposal and conditions of approval in the public record;

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 (i.e., copy of assessor’s map may be used);

c. A statement of where the city’s decision can be obtained;

d. The date the decision shall become final, unless appealed; and

e. A statement that all persons entitled to notice may appeal the planning commission’s decision to city council pursuant to subsection (E) of this section, or may appeal the city council’s decision to the State Land Use Board of Appeals, as applicable.

D. Effective Date of Decision. Unless the conditions of approval specify otherwise, a quasi-judicial decision becomes effective 10 days after the city mails the decision notice unless the decision is appealed pursuant to subsection (E) of this section.

E. Appeal of Planning Commission Decision. The planning commission’s decision may be appealed to the Dundee city council as follows:

1. Who May Appeal. Only persons who “appear” during a quasi-judicial proceeding, by testifying orally or in writing, prior to the close of the public record, may appeal the planning commission decision.

2. Appeal Filing Procedure.

a. Notice of Appeal. Any person with standing to appeal, as provided in subsection (E)(1) of this section, may appeal a Type III quasi-judicial decision by filing a notice of appeal according to the following procedures.

b. Time for Filing. A notice of appeal shall be filed with the city planning official within the time frame specified on the notice of decision; typically, this will be within 14 days of the date the notice of decision is mailed.

c. Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall contain:

i. An identification of the decision being appealed, including the date of the decision;

ii. A statement demonstrating the person filing the notice of appeal has standing to appeal;

iii. A statement explaining the specific issues being raised on appeal; and

iv. If the appellant is not the applicant, a statement demonstrating that the appeal issues were raised during the comment period.

3. Scope of Appeal. The appeal of a Type III quasi-judicial decision shall be a de novo hearing before the city council, which may allow additional evidence, testimony or argument concerning any issue raised at the planning commission.

F. Record of the Public Hearing.

1. Official Record. The official public hearing record shall include all of the following information:

a. All materials considered by the hearing body;

b. All materials submitted by the city planning official to the hearing body regarding the application;

c. The minutes of the hearing;

d. The final written decision; and

e. Copies of all notices given as required by this chapter, and correspondence regarding the application that the city mailed or received.

2. Minutes. The meeting minutes shall be filed in hard copy form with the city planning official. The minutes and other evidence presented as a part of the hearing shall be part of the record.

3. Exhibits. All exhibits received and displayed shall be marked to provide identification and shall be part of the record.

G. Effective Date and Appeals to State Land Use Board of Appeals. Final decisions, including appeal decisions, are effective the date the city mails the decision. Appeals of city council final decisions under this code shall be filed with the State Land Use Board of Appeals pursuant to ORS 197.805 to 197.860, except where state law requires review by a different court. [Ord. 521-2013 § 3 (Exh. A)].

Type IV quasi-judicial decisions are heard first by the planning commission for a recommendation to the city council, and then by the city council for a final decision. The Type IV review procedure involves two public hearings.

A. Application Requirements.

1. Application Forms. Applications requiring a quasi-judicial public hearing shall be made on forms provided by the city planning official.

2. Submittal Information. The city planning official shall advise the applicant on application submittal requirements. At a minimum, the application shall include all of the following information:

a. The information requested on the application form;

b. Plans and exhibits required for the specific approval(s) being sought;

c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail;

d. Information demonstrating compliance with prior decision(s) and conditions of approval for the subject site, as applicable;

e. Draft public notice and public mailing list; and

f. The required fee.

B. Procedure.

1. Mailed and Published Notice. The city planning official shall mail public notice of a public hearing on a quasi-judicial application not less than 20 days prior to the first hearing date on the application to the individuals and organizations listed below. The city planning official shall prepare an affidavit of notice stating the date the notice was mailed, which shall be made a part of the file. Notice shall be mailed to:

a. All owners of record of real property located within a minimum of 100 feet of the subject site;

b. Any person who submits a written request to receive a notice; and

c. Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the city and any other affected agencies. At a minimum, the city planning official shall notify the road authority if different than the city of Dundee. The failure of another agency to respond with written comments on a pending application shall not invalidate an action or permit approval made by the city under this code.

2. Posted Notice. The city planning official shall post public notice(s) of the public hearing on the subject site not less than 20 days prior to the first hearing date on the application. Notice posters shall be posted in conspicuous locations, with at least one poster on each street frontage adjacent to the subject site. Notices shall be posted at least once every 600 feet of street frontage along the perimeter of the property. The city planning official shall prepare a signed affidavit of posting, which shall be made a part of the file. The affidavit shall state the date and location(s) where the notice was posted.

3. Content of Notices. Notice of a quasi-judicial hearing to be mailed and published shall contain all of the following information:

a. A summary of the proposal and the relevant approval criteria. The notice must have sufficient detail to help the public identify and locate applicable code requirements;

b. The date, time and location of the scheduled hearing;

c. The street address or other easily understandable reference to the location of the proposed use or development;

d. A disclosure statement 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, as applicable, on that issue. Only comments on the relevant approval criteria are considered relevant evidence;

e. A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and the applicable criteria and standards shall be available for review at the office of the city planning official and that copies shall be provided at a reasonable cost;

f. A statement that a copy of the city’s staff report and recommendation to the hearing 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;

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

h. A statement that after the public hearing closes, the city council will issue its decision, and the decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice.

C. Conduct of the Public Hearing.

1. Hearing Instructions. At the commencement of the hearing, the chairperson of the commission or mayor, as applicable, or his or her designee, shall state to those in attendance all of the following information and instructions:

a. The applicable approval criteria by code chapter that apply to the application;

b. Testimony and evidence shall concern the approval criteria described in the staff report, or other criteria in the comprehensive plan or land use regulations that the person testifying believes to apply to the decision;

c. Failure to raise an issue with sufficient detail to give the hearing body and the parties an opportunity to respond to the issue may preclude appeal to the State Land Use Board of Appeals on that issue;

d. At the conclusion of the initial evidentiary hearing, the hearing body shall deliberate and make a decision based on the facts and arguments in the public record. See subsection (E) of this section, Record of the Public Hearing;

e. Any participant may ask the hearing body for an opportunity to present additional relevant evidence or testimony that is within the scope of the hearing; if the hearing body grants the request, it will schedule a date to continue the hearing as provided in subsection (C)(5) of this section, or leave the record open for additional written evidence or testimony as provided in subsection (C)(6) of this section.

2. Impartial Tribunal. The public is entitled to an impartial hearing body as free from potential conflicts of interest and prehearing ex parte (outside the hearing) contacts as reasonably possible. Where questions related to ex parte contact are concerned, members of the hearing body shall follow the guidance for disclosure of ex parte contacts contained in ORS 227.180. Where a real conflict of interest arises, that member or members of the hearing body shall not participate in the hearing, except where state law provides otherwise. Where the appearance of a conflict of interest is likely, the member or members of the hearing body shall individually disclose their relationship to the applicant in the public hearing and state whether they are capable of rendering a fair and impartial decision. If they are unable to render a fair and impartial decision, they shall excuse themselves from the proceedings.

3. Presenting and Receiving Evidence.

a. The hearing 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 by this section;

c. Members of the hearing 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 beginning of the hearing and an opportunity is provided to dispute the evidence.

4. Record. The hearing body, in making its decision, shall consider only facts and arguments in the public hearing record; except that it may take notice of facts not in the hearing record (e.g., local, state, or federal regulations; previous city decisions; case law; staff reports) upon announcing its intention to take notice of such facts in its deliberations and allowing persons who previously participated in the hearing to request the hearing record be reopened, as necessary, to present evidence concerning the newly presented facts.

5. Continuances. If the hearing body decides to continue the hearing, the hearing shall be continued to a date that is at least seven days after the date of the first evidentiary hearing (e.g., next regularly scheduled meeting). An opportunity shall be provided at the continued hearing for persons to present and respond to new written evidence and oral testimony. If new written evidence is submitted at the continued hearing, any person may request, before the conclusion of the hearing, that the record be left open for at least seven days, so that they can submit additional written evidence or arguments in response to the new written evidence. In the interest of time, after the close of the hearing, the hearing body may limit additional testimony to arguments and not accept additional evidence.

6. Record Left Open for Additional Testimony. If the hearing body leaves the record open for additional written testimony, the record shall be left open for at least seven days after the hearing. Any participant may ask the hearing body in writing for an opportunity to respond to new evidence (i.e., information not disclosed during the public hearing) submitted when the record was left open. If such a request is filed, the hearing body shall reopen the record, as follows:

a. When the record is reopened to admit new evidence or arguments (testimony), any person may raise new issues that relate to that new evidence or testimony;

b. An extension of the hearing or record granted pursuant to this section is subject to the limitations of DMC 17.401.070 (ORS 227.178 – “120-day rule”), unless the applicant waives his or her right to a final decision being made within 120 days of filing a complete application; and

c. If requested by the applicant, the hearing body shall grant the applicant at least seven days after the record is closed to all other persons to submit final written arguments, but not evidence, provided the applicant may expressly waive this right.

7. Decision Notice. The notice of quasi-judicial decision shall contain all of the following information:

a. A description of the applicant’s proposal and the city’s decision on the proposal. The notice may be a summary, provided it references the specifics of the proposal and conditions of approval in the public record;

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 (i.e., copy of assessor’s map may be used);

c. A statement of where the city’s decision can be obtained;

d. The date the decision shall become final, unless appealed; and

e. A statement that all persons entitled to notice may appeal the city council’s decision to the State Land Use Board of Appeals, as applicable.

D. Effective Date of Decision. Unless the conditions of approval specify otherwise, a quasi-judicial decision becomes effective 10 days after the city mails the decision notice unless the decision is appealed pursuant to DMC 17.401.040(E).

E. Record of the Public Hearing.

1. Official Record. The official public hearing record shall include all of the following information:

a. All materials considered by the hearing body;

b. All materials submitted by the city planning official to the hearing body regarding the application;

c. The minutes of the hearing;

d. The final written decision; and

e. Copies of all notices given as required by this chapter, and correspondence regarding the application that the city mailed or received.

2. Minutes. The meeting minutes shall be filed in hard copy form with the city planning official. The minutes and other evidence presented as a part of the hearing shall be part of the record.

3. Exhibits. All exhibits received and displayed shall be marked to provide identification and shall be part of the record.

F. Effective Date and Appeals to State Land Use Board of Appeals. Final decisions, including appeal decisions, are effective the date the city mails the decision. Appeals of city council final decisions under this code shall be filed with the State Land Use Board of Appeals pursuant to ORS 197.805 to 197.860, except where state law requires review by a different court. [Ord. 521-2013 § 3 (Exh. A)].

A legislative action for the purposes of this code is a land use decision requiring city council enactment of an ordinance. Legislative actions include amendments to the city of Dundee comprehensive plan, amendments to the city of Dundee transportation system plan and other facility plans which are ancillary to the comprehensive plan, and amendments to the city’s zoning map and development code that are not otherwise reviewable as quasi-judicial actions under DMC 17.401.040.

A. Initiation of Requests. The city council or planning commission may initiate a legislative action at any time by a majority vote. Legislative requests are not subject to the 120-day review period under ORS 227.178.

B. Application Requirements.

1. Application Forms. Applications for legislative action shall be made on forms provided by the city.

2. Submittal Information. Applications for legislative action shall contain all of the following information:

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, except when city of Dundee initiates request; and

d. One copy of a letter or narrative statement that explains how the application satisfies each and all of the relevant approval criteria and standards.

C. Procedure. Hearings on legislative land use requests are conducted similar to city council hearings on other legislative proposals, except the notification procedure for legislative land use requests must conform to state land use laws (ORS 227.175), as follows:

1. The city planning official shall notify in writing the Oregon Department of Land Conservation and Development (DLCD) of proposed legislative amendments at least 35 days before the first public hearing at which public testimony or new evidence will be received. The notice shall include a DLCD certificate of mailing.

2. At least 20 days, but not more than 40 days, before the date of the first hearing on an ordinance that proposes to amend the comprehensive plan or any element thereof, or to adopt an ordinance for any zone change, a notice shall be prepared in conformance with ORS 227.175 and mailed to:

a. Each owner whose property would be directly affected by the proposal (e.g., rezoning or a change from one comprehensive plan land use designation to another). See also ORS 227.186 for instructions;

b. Any affected governmental agency;

c. Any person who requests notice in writing; and

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

3. At least 10 days before the scheduled city council public hearing date, public notice shall be published in a newspaper of general circulation in the city.

4. For each mailing and publication of notice, the city planning official shall keep an affidavit of mailing/publication in the record.

D. Final Decision and Effective Date. A legislative land use decision, if approved, shall take effect and shall become final as specified in the enacting ordinance, or if not approved, upon mailing of the notice of decision to the applicant. Notice of a legislative land use decision shall be mailed to the applicant, all participants of record, and the Department of Land Conservation and Development within five business days after the city council decision is filed with the city planning official. The city shall also provide notice to all persons as required by other applicable laws. [Ord. 521-2013 § 3 (Exh. A)].

A. Time Limit – 120-Day Rule. The city shall take final action on administrative and quasi-judicial land use applications, pursuant to this chapter, including resolution of all appeals, within 120 days from the date the city planning official deems the application complete for purposes of processing, unless the applicant requests an extension in writing. Any exceptions to this rule shall conform to the provisions of ORS 227.178. (Note: The 120-day rule does not apply to legislative land use decisions.)

B. Time Periods. In computing time periods prescribed or allowed by this chapter, the day of the act or event from which the designated period of time begins shall not be included. The last day of the period shall be included, unless it is a Saturday, Sunday, or a legal holiday, in which case the period runs until the end of the next day that is not on a weekend or legal holiday.

C. Consolidated Review of Applications. When an applicant applies for more than one type of land use or development permit for the same one or more contiguous lots, the proceedings shall be consolidated for review and decision at the applicant’s request or at the city’s discretion. The consolidated application shall be considered using the highest procedure type of any of the applications. When proceedings are consolidated, required notices may be consolidated, provided the notice shall identify each application to be decided. When more than one application is reviewed in a hearing, separate findings and decisions shall be made on each application.

D. City Planning Official’s Duties. The city planning official, or his or her designee, shall perform all of the following duties with regard to administration of this code:

1. Prepare application forms based on the provisions of this code and applicable state law;

2. Review required notices, and process applications;

3. Assist planning commission and city council in administering the hearings process;

4. Answer questions from the public regarding the city’s land use regulations;

5. Prepare staff reports summarizing pending applications, including applicable decision criteria;

6. Prepare findings consistent with city council decisions on land use and development applications;

7. Prepare notices of final decisions, file the notices in the city’s records and mail a copy of the notices to all parties entitled to notice under this code; and

8. Maintain and preserve the file and public record for each application.

E. Fees. Fees for land use applications are established by city council resolution. [Ord. 521-2013 § 3 (Exh. A)].

The purpose of this chapter is to advance all of the following objectives in the public interest:

A. Carry out the development pattern and plan of the city and its comprehensive plan policies through efficient and effective review of site development proposals;

B. Promote the public health, safety and general welfare;

C. Provide adequate light and air, prevent overcrowding of land, and provide for adequate transportation, water supply, sewage, fire protection, pollution control, surface water management, and protection against natural hazards; and

D. Encourage efficient use of land resources and public services, and the provision of transportation options. [Ord. 521-2013 § 3 (Exh. A)].

Site development review approval is required for new development, changes of use resulting in increased vehicle traffic or demand for parking, additions and remodels, and to expand a nonconforming use or development. Except as specified by a condition of approval on a prior city decision, or as required for uses subject to conditional use permit approval, site development review is not required for the following:

A. Change in occupancy from one type of land use to a different land use resulting in no increase in vehicle traffic or demand for parking;

B. Single-family detached dwelling (including manufactured home on its own lot);

C. Duplex;

D. Home occupation;

E. Accessory structures that don’t require a building permit, and accessory parking;

F. Public improvements required by city standards or as stipulated by a condition of land use approval (e.g., transportation facilities and improvements, parks, trails, utilities, and similar improvements), except where a condition of approval requires site development review;

G. Regular maintenance, repair and replacement of materials (e.g., roof, siding, awnings, etc.), parking resurfacing and similar maintenance and repair. [Ord. 521-2013 § 3 (Exh. A)].

Site development review shall be conducted using a Type I checklist in DMC 17.401.020 or the Type II procedure in DMC 17.401.030. The procedure type will be determined as follows:

A. Type I Checklist Review. A Type I checklist will be used to review all of the following:

1. Change of occupancy from one type of land use to a different type of land use resulting in an increase in vehicle traffic or demand for parking;

2. Commercial, industrial, institutional, or multifamily building addition or remodel that adds less than 25 percent floor area;

3. Site improvements, such as modifications to a landscaped area or parking area.

B. Type II Review. A Type II review will be used to review all of the following:

1. All new development.

2. Commercial, industrial, institutional, or multifamily building addition or remodel that adds 25 percent or more floor area. [Ord. 521-2013 § 3 (Exh. A)].

A Type I checklist review for minor developments is meant to compare the proposal to development code standards and does not require discretion. For a Type I checklist review, a completed application checklist and a site plan with dimensions are required.

All of the following information is required for a Type II site development review application submittal, except where the city planning official determines that some information is not pertinent and therefore is not required:

A. General Submission Requirements.

1. Information required for Type II review (see Chapter 17.401 DMC);

2. Public Facilities and Services Impact Study. The impact study shall quantify and assess the effect of the development on public facilities and services. The city shall advise as to the scope of the study, which, at a minimum, shall address the transportation system, including required improvements for vehicles and pedestrians; the drainage system; the parks system (for multifamily development); water system; and sewer system. For each system and type of impact, the study shall propose improvements necessary to meet city requirements; and

3. Transportation impact analysis, as may be required by the city or other roadway authority pursuant to DMC 17.305.030(S).

B. Site Development Review Information. In addition to the general submission requirements an applicant for site development review shall provide the following information, as deemed applicable by the city planning official. The city planning official may request any information that he or she needs to review the proposal and prepare a complete staff report and recommendation to the approval body.

1. Site Analysis Map. At a minimum the site analysis map shall contain the following information, as the city planning official deems applicable:

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 two-foot intervals for slopes, except where the city engineer determines that larger intervals will be adequate for steeper slopes;

c. Identification of slopes greater than 10 percent, with slope categories identified in five percent increments (e.g., zero percent to five percent, greater than five percent to 10 percent, greater than 10 percent to 15 percent, greater than 15 percent to 20 percent, and so forth);

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, as applicable, the base flood elevation identified on FEMA Flood Insurance Rate Maps or as otherwise determined through site specific survey, areas subject to high water table, and areas designated by the city, county, or state as having a potential for geologic hazards;

f. Areas subject to overlay zones;

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

h. The location, size and species of trees and other vegetation (outside proposed building envelope) having a caliper (diameter) of six inches or greater at four feet above grade;

i. North arrow, scale, names and addresses of all persons listed as owners of the subject property on the most recently recorded deed;

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

2. Proposed Site Plan. The site plan shall contain the following information:

a. The proposed development site, including boundaries, dimensions, and gross area;

b. Features identified on the existing site analysis maps that 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);

h. Pedestrian and bicycle circulation areas, including sidewalks, internal pathways, pedestrian connections through parking lots pursuant to DMC 17.304.030(F)(9), 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;

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. Locations of bus stops and other public or private transportation facilities;

o. Locations, sizes, and types of signs.

3. Architectural Drawings. Architectural drawings, as applicable:

a. Building elevations with dimensions;

b. Building materials, colors and type;

c. Name and contact information of the architect or designer.

4. Preliminary Grading Plan. A preliminary grading plan prepared by a registered engineer shall be required for all projects subject to site design review, including commercial, industrial, or multifamily developments. The preliminary grading plan shall show the location and extent to which grading will take place, indicating general changes to contour lines, slope ratios, and all proposed storm water drainage systems and erosion control facilities.

5. Landscape Plan. Where a landscape plan is required, it shall show the following, pursuant to Chapter 17.302 DMC:

a. The location and height of existing and proposed fences, 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 planning official. An arborist’s report may be required for sites with mature trees that are to be retained and protected.

6. Deed Restrictions. Copies of all existing and proposed restrictions or covenants, including those for roadway access control.

7. Narrative. Letter or narrative report documenting compliance with the applicable approval criteria contained in DMC 17.402.050.

8. Traffic impact analysis, when required, shall be prepared in accordance with the road authority’s requirements.

9. Other Information Determined by the City Planning Official. The city may require studies or exhibits prepared by qualified professionals to address specific site features or project impacts (e.g., traffic, noise, environmental features, natural hazards, etc.), as necessary to determine a proposal’s conformance with this code. [Ord. 542-2015 § 3 (Exh. B); Ord. 521-2013 § 3 (Exh. A)].

A. Approval Criteria. An application for a Type II site development review shall be approved if the proposal meets all of the following criteria. The city decision-making body may, in approving the application, impose reasonable conditions of approval, consistent with the applicable criteria.

1. The application is complete, in accordance with DMC 17.402.040;

2. The application complies with all of the applicable provisions of the underlying zone and overlay zone(s), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards;

3. The proposal includes required upgrades, if any, to existing development that does not comply with the applicable land use district standards, pursuant to Chapter 17.104 DMC, Nonconforming Situations;

4. The proposal complies with all of the site design and development standards of this code, as applicable;

5. The proposal meets all existing conditions of approval for the site or use, as required by prior land use decision(s), as applicable. Note: compliance with other city codes and requirements, though not applicable land use criteria, may be required prior to issuance of building permits. [Ord. 521-2013 § 3 (Exh. A)].

Public improvement required as part of a site development review approval shall be subject to the performance guarantee and warranty bond provisions of DMC 17.305.020, as applicable. [Ord. 521-2013 § 3 (Exh. A)].

Development shall not commence until after the effective date of all applicable land use and development approvals. 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 bonding or other assurances for improvements. Site development review approvals are subject to all of the following standards and limitations:

A. Approval Period. Site development review approvals shall be effective for a period of one year from the date of approval. The approval shall lapse if:

1. A public improvement plan or building permit application for the project has not been submitted within one year of approval; or

2. Construction on the site is in violation of the approved plan.

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

1. No changes are made on the original approved 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 subject plan does not comply with those changes, then the extension shall not be granted; in this case, a new site development review shall be required;

4. Failure to obtain building permits and substantially begin construction within the standard time frame was beyond the applicant’s control; and

5. Payment of applicable fees. [Ord. 521-2013 § 3 (Exh. A)].

The purpose of this chapter is to implement the objectives in subsections (A) through (E) of this section:

A. Provide rules, regulations and standards governing the approval of subdivisions, partitions and property line adjustments as follows:

1. Subdivisions are the creation of four or more lots from one parent lot, parcel or tract, within one calendar year.

2. Partitions are the creation of three or fewer lots within one calendar year from one parent lot, parcel, or tract.

3. Property line adjustments are modifications to lot lines or parcel boundaries that do not result in the creation of new lots (includes consolidation of lots).

B. Carry out the city’s development pattern, as envisioned by the city’s comprehensive plan.

C. Encourage efficient use of land resources and public services, and provide transportation options.

D. Promote the public health, safety and general welfare through orderly and efficient urbanization.

E. Provide adequate light and air, prevent overcrowding of land, and provide for adequate transportation, water supply, sewage, fire protection, pollution control, surface water management, and protection against natural hazards. [Ord. 521-2013 § 3 (Exh. A)].

A. Subdivision and Partition Approval Through Two-Step Process. Applications for subdivision or partition approval shall be processed by means of a preliminary plat evaluation and a final plat evaluation, according to the following two steps:

1. The preliminary plat must be approved before the final plat can be submitted for approval consideration; and

2. The final plat must demonstrate compliance with all conditions of approval of the preliminary plat.

Property line adjustments and lot consolidation requests (i.e., no new lot is created) are subject to DMC 17.403.100; they are not subject to this section through DMC 17.403.090.

B. Compliance with ORS Chapter 92. All subdivision and partition proposals shall conform to state regulations in ORS Chapter 92, Subdivisions and Partitions.

C. Adequate Utilities. All lots created through land division shall have adequate public utilities and facilities such as streets, water, sewer, gas, and electrical systems, pursuant to Chapter 17.305 DMC.

D. Adequate Drainage. All subdivision and partition proposals shall have adequate surface water drainage facilities that reduce exposure to flood damage and improve water quality. Water quality or quantity control improvements may be required, pursuant to Chapter 17.305 DMC.

E. Adequate Access. All lots created or reconfigured shall have adequate vehicle access and parking, as may be required, pursuant to Chapter 17.301 DMC. [Ord. 521-2013 § 3 (Exh. A)].

A. Review of Preliminary Plat. Preliminary plats shall be processed using the Type II procedure under DMC 17.401.030 for partitions, and using the Type III procedure in DMC 17.401.040 for subdivisions. All preliminary plats are subject to the approval criteria in DMC 17.403.050.

B. Preliminary Plat Approval Period. Preliminary plat approval shall be effective for a period of 18 months from the date of approval. The preliminary plat shall lapse if a final plat has not been submitted or other assurance provided, pursuant to DMC 17.403.070, within the maximum four-and-one-half-year period. The planning commission may approve phased subdivisions, pursuant to subsection (D) of this section, with an overall time frame of more than two years between preliminary plat and final plat approvals.

C. Extensions. The original approval body may, upon written request by the applicant and payment of the required fee, grant written extensions of the approval period not to exceed one year per extension; provided, that all of the following criteria are met:

1. The applicant has submitted written intent to file a final plat within the one-year extension period;

2. An extension of time will not prevent the lawful development of abutting properties;

3. There have been no changes to the applicable code provisions on which the approval was based. If such changes have occurred, a new preliminary plat application shall be required;

4. The extension request is made before expiration of the original approved plan; and

5. Applicants will be limited to a maximum of three extensions per project.

D. Phased Subdivision. The city may approve a phased subdivision, provided the applicant proposes a reasonable phasing schedule that meets all of the following criteria:

1. In no case shall the construction time period (i.e., for required public improvements, utilities, streets) for the first subdivision phase be more than one year;

2. Public facilities shall be constructed in conjunction with or prior to each phase;

3. The phased development shall not result in requiring the city or a third party (e.g., owners of lots) to construct public facilities that are required as part of the approved development proposal; and

4. The proposed time schedule for phased development approval shall be reviewed concurrently with the preliminary subdivision plat application. [Ord. 521-2013 § 3 (Exh. A)].

Applications for preliminary plat approval shall contain all of the following information:

A. General Submission Requirements.

1. Information required with a Type II application for a partition, or Type III application for a subdivision (see DMC 17.401.030 or 17.401.040, as applicable);

2. Traffic impact analysis, as may be required by the city or other roadway authority.

B. Preliminary Plat Information. In addition to the general information described in subsection (A) of this section, the preliminary plat application shall consist of drawings and supplementary written material (i.e., on forms and/or in a written narrative) adequate to provide the following information, in quantities required by the city planning official:

1. General Information.

a. Name of subdivision (partitions are named by year and file number). This name shall not duplicate the name of another land division in Yamhill County;

b. Date, north arrow, and scale of drawing;

c. Location of the development sufficient to define its location in the city, boundaries, and a legal description of the site;

d. Zoning of tract to be divided, including any overlay zones;

e. A title block including the names, addresses and telephone numbers of the owners of the subject property and, as applicable, the name of the engineer and surveyor, and the date of the survey; and

f. Identification of the drawing as a “preliminary plat.”

2. Existing Conditions. Except where the city planning official deems certain information is not relevant, applications for preliminary plat approval shall contain all of the following information on existing conditions of the site:

a. Streets. Location, name, and present width of all streets, alleys and rights-of-way on and abutting the site;

b. Easements. Width, location and purpose of all existing easements of record on and abutting the site;

c. Utilities. Location and identity of all utilities on and abutting the site. If water mains and sewers are not on or abutting the site, indicate the direction and distance to the nearest one and show how utilities will be brought to standard;

d. Ground elevations shown by contour lines at two-foot vertical interval. Such ground elevations shall be related to some established benchmark or other datum approved by the county surveyor; the city engineer may waive this standard for partitions when grades, on average, are less than six percent;

e. The location and elevation of the closest benchmark(s) within or adjacent to the site (i.e., for surveying purposes);

f. The base flood elevation, per FEMA Flood Insurance Rate Maps, as applicable;

g. North arrow and scale; and

h. Other information, as deemed necessary by the city planning official for review of the application. The city may require studies or exhibits prepared by qualified professionals to address specific site features and code requirements.

3. Proposed Development. Except where the city planning official deems certain information is not relevant, applications for preliminary plat approval shall contain all of the following information on the proposed development:

a. Proposed lots, streets, tracts, open space and park land (if any); location, names, right-of-way dimensions, approximate radius of street curves; and approximate finished street centerline grades. All streets and tracts that are being held for private use and all reservations and restrictions relating to such private tracts shall be identified;

b. Easements. Location, width and purpose of all proposed easements;

c. Lots and private tracts (e.g., private open space, common area, or street) with approximate dimensions, area calculation (e.g., in square feet), and identification numbers. Through lots shall be avoided except where necessary to provide separation of residential development from major traffic arteries, adjacent nonresidential activities, or to overcome specific issues with topography or orientation. Screening and buffering of through lots may be required pursuant to DMC 17.302.060;

d. Proposed uses of the property, including all areas proposed to be dedicated as public right-of-way or reserved as open space for the purpose of surface water management, recreation, or other use;

e. Proposed public street improvements, pursuant to Chapter 17.305 DMC;

f. Information demonstrating that proposed lots can reasonably be accessed and developed without the need for a variance and in conformance with applicable setbacks and lot coverage requirements;

g. Preliminary design for extending city water and sewer service to each lot, per Chapter 17.305 DMC;

h. Proposed method of storm water drainage and treatment, if required, pursuant to Chapter 17.305 DMC;

i. The approximate location and identity of other utilities, including the locations of street lighting fixtures, as applicable;

j. Evidence of compliance with applicable overlay zones, including but not limited to city of Dundee flood plain overlay; and

k. Evidence of contact with the applicable road authority for proposed new street connections. [Ord. 521-2013 § 3 (Exh. A)].

A. Approval Criteria. By means of a Type II procedure for a partition, or a Type III procedure for a subdivision, the city shall approve, approve with conditions, or deny an application for a preliminary plat. The decision shall be based on findings of compliance with all of the following approval criteria:

1. The land division application shall conform to the requirements of this chapter;

2. All proposed lots, blocks, and proposed land uses shall conform to the applicable provisions of DMC Division 17.200, Zoning and Land Use Requirements;

3. Access to individual lots, and public improvements necessary to serve the development, including but not limited to water, sewer and streets, shall conform to DMC Division 17.300, Development Requirements;

4. The proposed plat name is not already recorded for another subdivision, and satisfies the provisions of ORS Chapter 92;

5. The proposed streets, utilities, and surface water drainage facilities conform to city of Dundee adopted master plans and applicable engineering standards, and allow for transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and dedications;

6. All proposed private common areas and improvements, if any, are identified on the preliminary plat and maintenance of such areas is assured through appropriate legal instrument;

7. Evidence that any required state and federal permits, as applicable, have been obtained or can reasonably be obtained prior to development; and

8. Evidence that improvements or conditions required by the city, road authority, Yamhill County, special districts, utilities, and/or other service providers, as applicable to the project, have been or can be met.

B. Middle Housing Land Division (Duplex) Criteria. The decision to approve a middle housing land division, processed as a Type II procedure per subsection (A) of this section, shall be based on the following:

1. In addition to subsection (A) of this section, a middle housing land division (duplex) shall comply with the following:

a. A proposal for development of middle housing (duplex) in compliance with the Oregon Residential Specialty Code and land use regulations applicable to the original lot or parcel allowed under ORS 197A.420;

b. Separate utilities for each dwelling unit;

c. Proposed easements necessary for each dwelling unit on the plan for:

i. Locating, accessing, replacing and servicing all utilities;

ii. Pedestrian access from each dwelling unit to a private or public road;

iii. Any common use areas or shared building elements;

iv. Any dedicated driveways or parking; and

v. Any dedicated common area;

d. Exactly one dwelling unit on each resulting lot or parcel, except for lots, parcels or tracts used as common areas;

e. Evidence demonstrating how buildings or structures on a resulting lot or parcel will comply with applicable building code provisions relating to new property lines;

f. Notwithstanding the creation of new lots or parcels, how structures or buildings located on the newly created lots or parcels will comply with the Oregon Residential Specialty Code;

g. Conditions shall be added to the approval of a preliminary plat for a middle housing land division (duplex) to:

i. Prohibit the further division of the resulting lots or parcels.

ii. Require that a notation appear on the final plat indicating that the approval was given under this section;

h. In reviewing an application for a middle housing land division (duplex), the city shall:

i. Apply the procedures under ORS 197.360 to 197.380.

ii. Require street frontage improvements where a resulting lot or parcel abuts the street consistent with land use regulations implementing ORS 197A.420.

iii. Not subject an application to approval criteria except as provided in this section, including that a lot or parcel require driveways, vehicle access, parking or minimum or maximum street frontage.

iv. Not subject the application to procedures, ordinances or regulations adopted under ORS 92.044 or 92.046 that are inconsistent with this section or ORS 197.360 to 197.380.

v. Allow the submission of an application for a middle housing land division (duplex) at the same time as the submission of an application for building permits for the middle housing.

vi. Require the dedication of right-of-way if the original parcel did not previously provide a dedication.

vii. Not allow middle housing (duplex) developed on the original parcel to be altered by a middle housing land division.

viii. Notwithstanding ORS 197A.425, a city or county is not required to allow an accessory dwelling unit on a lot or parcel resulting from a middle housing land division (duplex).

ix. Void tentative approval of a middle housing land division (duplex) if a final subdivision or partition plat is not approved within three years of the tentative approval.

x. Note that nothing in this section or ORS 197.360 to 197.380 prohibits a city or county from requiring a final plat before issuing building permits.

C. Conditions of Approval. The city may attach such conditions as are necessary to carry out provisions of this code, and other applicable ordinances and regulations. [Ord. 591-2025 § 2 (Exh. A § 16); Ord. 521-2013 § 3 (Exh. A)].

Variances shall be processed in accordance with Chapter 17.406 DMC. Applications for variances shall be submitted at the same time an application for land division or lot line adjustment is submitted; when practical the applications shall be reviewed concurrently. [Ord. 521-2013 § 3 (Exh. A)].

Final plats require review and approval by the city planning official prior to recording with Yamhill County. The final plat submission requirements, approval criteria, and procedure are as follows:

A. Submission Requirements. The applicant shall submit the final plat within 18 months, or as otherwise provided for in DMC 17.403.030. The format of the plat shall conform to ORS Chapter 92. The final plat application shall include the following items:

1. One original and one identical copy of the final plat for signature. The plat copies shall be printed on mylar, and must meet the requirements of the county recorder and county surveyor. The plat must contain a signature block for approval by the city administrator, in addition to other required signature blocks for county approval.

2. Written response to conditions of approval assigned to the land division.

3. A title report for the property, current within six months of the final plat application date.

4. Copies of any required dedication, easement, or other documents.

5. Copies of all homeowner’s agreements, codes, covenants, and restrictions, or other bylaws, as applicable. This shall include documentation of the formation of a homeowner’s association, including but not limited to a draft homeowner’s association agreement regarding the maintenance of planter strips adjacent to the rear yard of proposed through lots.

6. Copies of any required maintenance agreements for common property.

7. A five-year bond for sidewalk improvements, if the improvements are not constructed prior to the final plat.

8. Any other item required by the city to meet the conditions of approval assigned to the land division.

B. Approval Process and Criteria. By means of a Type I procedure, the city planning official shall review and approve, or deny, the final plat application based on findings of compliance or noncompliance with the preliminary plat conditions of approval. [Ord. 542-2015 § 3 (Exh. B); Ord. 521-2013 § 3 (Exh. A)].

A new lot is not a legal lot for purposes of ownership (title), sale, lease, or development/land use until a final plat is recorded for the subdivision or partition containing the lot. The final plat filing and recording requirements are as follows:

A. Filing Plat with County. Within 60 days of the city approval of the final plat, the applicant shall submit the final plat to Yamhill County for signatures of county officials as required by ORS Chapter 92.

B. Proof of Recording. Upon final recording with the county, the applicant shall submit to the city a paper copy of all sheets of the recorded final plat. This shall occur prior to the issuance of building permits for the newly created lots.

C. Prerequisites to Recording the Plat.

1. No plat shall be recorded unless all ad valorem taxes and all special assessments, fees, or other charges required by law to be placed on the tax roll have been paid in the manner provided by ORS Chapter 92;

2. No plat shall be recorded until the county surveyor approves it in the manner provided by ORS Chapter 92. [Ord. 521-2013 § 3 (Exh. A)].

Any plat or portion thereof may be replatted or vacated upon receiving an application signed by all of the owners as appearing on the deed. Except as required for street vacations, the same procedure and standards that apply to the creation of a plat (preliminary plat followed by final plat) shall be used to replat or vacate a plat. Street vacations are subject to ORS Chapter 271. A replat or vacation application may be denied if it abridges or destroys any public right in any of its public uses, improvements, streets or alleys; or if it fails to meet any applicable city standards. [Ord. 521-2013 § 3 (Exh. A)].

A property line adjustment is the modification of lot boundaries when no lot is created. The city planning official reviews applications for property line adjustments pursuant to the Type I review under DMC 17.401.020. The application submission and approval process for property line adjustments is as follows:

A. Submission Requirements. All applications for property line adjustment shall be made on forms provided by the city and shall include information required for a Type I review, pursuant to DMC 17.401.020. The application shall include a preliminary lot line map drawn to scale identifying all existing and proposed lot lines with dimensions; footprint with dimensions of existing structures (including accessory structures); location with dimensions of driveways and public and private streets within or abutting the subject lots; location of lands subject to the city of Dundee flood plain overlay; existing fences and walls; and any other information deemed necessary by the city planning official for ensuring compliance with city codes. The application shall be signed by all of the owners as appearing on the deeds of the subject lots.

B. Approval Criteria. The city planning official shall approve or deny a request for a property line adjustment in writing based on all of the following criteria:

1. Lot Creation. No additional parcel or lot is created by the property line adjustment;

2. Lot Standards. All lots conform to the standards of the applicable zone (DMC Division 17.200) including lot area, dimensions, setbacks, and coverage. If either or both of the lots are nonconforming prior to the adjustment, they may remain nonconforming after the adjustment, so long as the nonconforming situation is not made worse by the adjustment. As applicable, all lots shall conform to the city of Dundee flood plain overlay; and

3. Access and Road Authority Standards. All lots conform to the standards or requirements of Chapter 17.301 DMC, Access and Circulation, and all applicable road authority requirements are met. If a lot is nonconforming to any city or road authority standard, it shall not be made less conforming by the property line adjustment.

C. Recording Property Line Adjustments.

1. Recording. Upon the city’s approval of the proposed property line adjustment, the applicant shall record the property line adjustment documents with Yamhill County within 60 days of approval (or the decision expires), and file a survey of the property line adjustment with the Yamhill County surveyor.

2. Time Limit. The applicant shall submit a copy of the recorded property line adjustment documents to the city within 15 days of recording and prior to issuance of any building permits on the reconfigured lots. [Ord. 521-2013 § 3 (Exh. A)].

The planning commission, through a Type III procedure and the procedures and criteria established in ORS 92.176, may validate a unit of land that was created by a sale that did not comply with the applicable criteria for creation of a unit of land. [Ord. 521-2013 § 3 (Exh. A)].

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 17.202 DMC, allowed uses. The purpose of this chapter is to provide procedures and standards for permitting conditional uses. [Ord. 521-2013 § 3 (Exh. A)].

In addition to the submission requirements for a Type III review under DMC 17.401.040, applications for conditional use permits shall include a narrative report or letter responding to the applicable approval criteria in DMC 17.404.030, description of existing conditions, a site plan, and information on any existing or proposed restrictions or covenants. (For a more detailed description of each item, please refer to DMC 17.402.040, site development review application submission requirements.) Where site development review is also required for a proposed development, only one site plan submittal is required; conformance with the site plan submittal requirements under Chapter 17.402 DMC shall satisfy the site plan submittal requirements for a conditional use permit application. [Ord. 521-2013 § 3 (Exh. A)].

By means of a Type III procedure, the planning commission shall approve, approve with conditions or deny an application, including requests to enlarge or alter a conditional use, based on findings of fact with respect to all of the criteria and standards in subsections (A) through (C) of this section.

A. Use Criteria.

1. 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.

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

3. All required public facilities, including water, sanitary sewer, and streets, have adequate capacity or are to be improved to serve the proposal, consistent with city standards.

4. A conditional use permit shall not allow a use that is prohibited or not expressly allowed under DMC Division 17.200; nor shall a conditional use permit grant a variance without a variance application being reviewed with the conditional use application.

B. 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 any negative impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions include, but are not limited to, one or more of the following:

1. Limiting the hours, days, place and/or manner of operation;

2. Requiring site or architectural design features which minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor and/or dust;

3. Requiring larger setback areas, lot area, and/or lot depth or width;

4. Limiting the building or structure height, size, lot coverage, and/or location on the site;

5. Designating the size, number, location and/or design of vehicle access points or parking and loading areas;

6. Requiring street right-of-way to be dedicated and street improvements made, or the installation of pathways or sidewalks, as applicable;

7. Requiring landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas;

8. Limiting the number, size, location, height and/or lighting of signs;

9. Limiting or setting standards for the location, type, design, and/or intensity of outdoor lighting;

10. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance;

11. Requiring and designating the size, height, location and/or materials for fences;

12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources, and/or sensitive lands;

13. Requiring improvements to water, sanitary sewer, or storm drainage systems, in conformance with city standards; and

14. The planning commission may require renewal of conditional use permits annually or in accordance with another timetable as approved pursuant to this chapter. Where applicable, the timetable shall provide for periodic review and renewal, or expiration, of the conditional use permit to ensure compliance with conditions of approval; such periodic review may occur through an administrative or quasi-judicial land use review process.

C. Conditional Use Permit Supplemental Requirements. The requirements for compliance with permit conditions and permit expiration are the same as for site development review under DMC 17.402.070. [Ord. 521-2013 § 3 (Exh. A)].

The purpose of this chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this code and zoning map. Amendments may be necessary from time to time to reflect changing community conditions, to correct mistakes, or to address changes in the law. [Ord. 521-2013 § 3 (Exh. A)].

A. Except for corrections, amendments to development code or comprehensive plan text are legislative actions. Text amendments can be initiated by the city council or planning commission.

B. Amendments to the zoning map or comprehensive plan map that are initiated by a property owner and affect either a single property or a group of five or fewer properties and that affect three or fewer acres are processed as Type IV quasi-judicial actions.

C. Amendments to the zoning map or comprehensive plan map that affect more than three acres and/or more than five properties with different owners are processed as Type V legislative actions.

D. Amendments to the zoning map or comprehensive plan map that are initiated by the city council or planning commission are processed as Type V legislative actions. [Ord. 521-2013 § 3 (Exh. A)].

Approval of an ordinance amending the zoning map, comprehensive plan map, comprehensive plan, or development code shall be based on the following:

A. Zoning Map Amendment. Proposals for a zoning map amendment must comply with the following criteria:

1. The proposal must be consistent with the comprehensive plan map (the comprehensive plan map may be amended concurrently with proposed changes in zoning).

2. The site(s) must be appropriate for the proposed change, in terms of purpose of the proposed zone, topography, access, and required size and dimensions.

3. Public facilities are available, or can be readily made available, to adequately serve the permitted and conditional uses of the proposed zone.

4. The amendment must conform to the transportation planning rule provisions under DMC 17.405.040.

B. Comprehensive Plan Map Amendment. Proposals for an amendment to the comprehensive plan must comply with the following criteria:

1. The supply of vacant land in the proposed designation is inadequate to accommodate development during the next five years, or the site is not physically or locationally suited to the requirements of the existing designation;

2. The supply of vacant land in the existing designation remains adequate after the proposed change to accommodate development during the next five years;

3. The proposal is consistent with applicable comprehensive plan goals and policies, statewide planning goals, and Oregon Administrative Rules.

C. Development Code Amendment. Proposals for a development code amendment must comply with applicable comprehensive plan goals and policies, statewide planning goals, and Oregon Administrative Rules.

D. Comprehensive Plan Amendment. Proposals for a comprehensive plan amendment must comply with applicable statewide planning goals and Oregon Administrative Rules and Revised Statutes. [Ord. 521-2013 § 3 (Exh. A)].

Proposals to amend the comprehensive plan or zoning map shall be reviewed to determine whether they significantly affect a transportation facility pursuant to OAR 660-012-0060 (Transportation Planning Rule – TPR). Where the city council, in consultation with the applicable roadway authority, finds that a proposed amendment would have a significant effect on a transportation facility, the city shall work with the roadway authority and applicant to modify the request or mitigate the impacts in accordance with the TPR and applicable law. [Ord. 521-2013 § 3 (Exh. A)].

The city planning official shall maintain a record of amendments to the text of this code and the zoning map in a format convenient for public use. In the case of a map amendment, the map shall be made part of the ordinance. [Ord. 521-2013 § 3 (Exh. A)].

This chapter provides standards and procedures for variances and adjustments, which are modifications to development standards that are not otherwise permitted elsewhere in this code as exceptions to code standards. These procedures provide relief from specific code provisions when they have the unintended effect of preventing reasonable development in conformance with all other codes. The variance and adjustment procedures provide flexibility while ensuring that the resulting development is consistent with the code’s intent. [Ord. 521-2013 § 3 (Exh. A)].

A. Authorization of Adjustments and Variances. This chapter provides for two types of modifications to development code standards: adjustments and variances.

1. Adjustments involve limited discretion and are processed through an administrative Type II review procedure under DMC 17.401.030. Adjustments are subject to the approval criteria under DMC 17.406.030.

2. Variances involve more discretion than adjustments and require quasi-judicial Type III review under DMC 17.401.040. Variances are subject to the approval criteria under DMC 17.406.040.

B. Application Requirements. Adjustment applications shall be filed pursuant to the requirements for Type II review under DMC 17.401.030, and variance applications shall be filed pursuant to the requirements for Type III review under DMC 17.401.040, as applicable. In addition, the applicant shall provide a narrative or letter explaining the reason for the variance request, alternatives considered, how the variance criteria in DMC 17.406.040 are satisfied, and why the subject code standard(s) cannot be met without the variance.

C. Concurrent Review with Other Applications – Permit Approvals by Other Agencies. Adjustment and variance requests may be combined with other city land use and development applications; however, some variances may be subject to approval by other permitting agencies, such as ODOT or Yamhill County in the case of variances to highway or street access standards. Variances to city of Dundee public works design standards are reviewed by the city engineer and are not subject to the development code.

D. Allowed Uses Not Subject to Adjustment or Variance. An adjustment or variance may not be used to add a new use to the list of allowed or conditionally allowed uses by zoning district. [Ord. 521-2013 § 3 (Exh. A)].

A. Applicability. The planning official may authorize an adjustment when the request would result in a 20 percent change or less to a quantifiable standard, and where the criteria in subsection (B) of this section are met. Any request to change a quantifiable standard by more than 20 percent would require a variance application.

B. Approval Criteria. An adjustment request shall be granted if an applicant demonstrates compliance with the following criteria:

1. The adjustment is consistent with the purpose and intent of the code standard(s) to be adjusted;

2. The adjustment would not create a conflict with or unreasonably impact adjacent uses; and

3. Approval of the adjustment does not create a violation of any other code standard or previous land use action. [Ord. 544-2016 § 2 (Exh. A); Ord. 521-2013 § 3 (Exh. A)].

A. Applicability. Except where this code specifically authorizes exceptions, or where the city may approve an adjustment pursuant to DMC 17.406.030, a variance is required to deviate from a standard of this code.

B. Approval Criteria. The planning commission may approve an application for a variance through a Type III review upon finding that the application meets all of the following criteria:

1. The variance is necessary because the subject code provision does not account for special or unique physical circumstances of the subject site, existing development patterns, or adjacent land uses;

2. The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site;

3. The need for the variance is not self-imposed by the applicant or property owner (for example, the variance request does not arise as result of a property line adjustment or land division approval previously granted to the applicant);

4. The variance does not conflict with other applicable city policies or other applicable regulations;

5. The variance will result in no foreseeable harm to adjacent property owners or the public; and

6. All applicable building code requirements shall be met. [Ord. 521-2013 § 3 (Exh. A)].

A variance or adjustment approval, as applicable, shall expire if not acted upon by the property owner within one year of approval. Where the owner has applied for a building permit or final plat, or has made site improvements consistent with an approved development plan (e.g., site development review or preliminary subdivision plan), the city planning official may extend the approval without a separate land use action. [Ord. 521-2013 § 3 (Exh. A)].

The purpose of this chapter is to provide flexibility in code regulations in order to encourage creative land development in the form of planned unit developments (PUDs). The flexibility granted from code regulations must result in a development that has more amenities, incorporates sustainable design elements or other special features, and is generally better planned than a similar development built to regular code standards. [Ord. 521-2013 § 3 (Exh. A)].

Planned unit development proposals shall consider the following objectives:

A. Site and building design elements incorporating innovative architectural or environmental features, a mix of land uses and building types, open space amenities, and efficient use of land.

B. Land development that respects, preserves, and incorporates natural features and conditions and does not adversely impact environmentally sensitive areas.

C. Site and building design that is compatible with adjacent properties and the nearby area. [Ord. 521-2013 § 3 (Exh. A)].

A. Relationship to Standards of the Underlying Zone District. In cases of conflict between standards of the underlying zone and the planned unit development provisions, the planned unit development standards shall apply.

B. Lot Requirements. Except where specified, the minimum lot area, width, frontage, and yard requirements otherwise applicable to individual buildings in a zone do not apply to a planned unit development in the same zone. Applicants for a planned unit development may request flexibility to these standards to better fit the proposed development.

C. Public Open Space. The city may request dedication of public open space in lieu of park system development charges. The land must be reasonably suited for use as a public park or for recreation purposes, consistent with the Dundee parks and open space plan.

D. Ownership. The site for a planned unit development must be under single ownership and/or unified control.

E. Where Permitted. Planned unit developments are permitted in residential zones. [Ord. 521-2013 § 3 (Exh. A)].

The following uses are permitted in a planned unit development:

A. Residential uses.

B. Recreational facilities.

C. Parks and open space.

D. Schools, libraries, community buildings, and churches.

E. Commercial uses identified as permitted uses in the CBD zone, provided:

1. Commercial uses shall be designed to be an integral part of the planned unit development and shall primarily serve the needs of residents of the planned unit development.

2. Commercial uses shall not have an adverse effect on nearby residential uses, and shall provide adequate vehicular and pedestrian access.

3. In residential areas, commercial uses and their required parking areas shall not exceed one acre per 100 dwelling units. [Ord. 521-2013 § 3 (Exh. A)].

Applications for planned unit development must demonstrate compliance with the following development requirements:

A. Development Standards. All planned unit developments must comply with the applicable development requirements of DMC Division 17.300.

B. Preservation of Natural Features. To the maximum extent possible, natural or unique features of the land shall be preserved through the plan and design of the planned unit development.

C. Residential Density. Permitted residential density of a planned unit development shall be calculated as follows:

1. Determine the total gross site area (GSA).

2. Multiply the GSA by 0.85 to determine the net site area (NSA).

3. Subtract any proposed commercial areas or nonresidential uses from the NSA to determine the net developable site area (NDSA). Open space areas do not have to be subtracted for this calculation.

4. Determine the maximum allowable residential density by zone by multiplying the NDSA as follows:

a. R-1 zone = NDSA x five units per acre.

b. R-2 zone = NDSA x seven units per acre.

c. R-3 zone = NDSA x 10 units per acre.

D. Site Arrangement. All residential buildings in a planned unit development shall be located adjacent to an open space area or recreational facility. Where this is not possible, an accessible walkway to such facilities must be provided from each residential building.

E. Building Setbacks. Structures located around the perimeter of a planned unit development must be set back 20 feet. Detached structures on individual lots within a planned unit development must be set back five feet from each property line. All garage structures opening onto a public street must be set back 20 feet.

F. Common Open Space. A minimum of 20 percent of the gross acreage of the planned unit development site must be devoted to open space, outdoor recreational areas, or outdoor recreational facilities. At least half of the designated open space area shall have slopes of less than 10 percent.

Open space may include pedestrian walkways, bicycle trails, natural or landscaped buffer areas, sports fields, outdoor recreational facilities and buildings, and similar areas reserved for common use. Streets and parking areas shall not be considered open space. A bond may be required as assurance that any improvements, buildings, or structures required in the common open space are completed.

G. Ratio of Privately Maintained Open Space to Dwelling Units. If areas of open space within the planned unit development will be privately maintained, the planned unit development must contain sufficient area to provide a minimum of 50 residential dwelling units.

H. Circulation.

1. All streets within a planned unit development shall be public streets. Local streets within the planned unit development may be designed and built to the Local Street I standard in DMC 17.305.030.

2. Pedestrian and bike paths shall be integrated throughout the site, into open space areas, and with roadways to provide a safe, efficient, interconnected transportation network. Pedestrian and bike paths shall be clearly marked and signed, and have adequate crossing facilities where necessary. Roads shall be planned and designed to minimize block length throughout the development.

I. Off-Street Parking. Off-street parking shall be provided as required in Chapter 17.304 DMC. Additional off-street parking may be required if warranted to mitigate for reduced lot sizes, additional traffic volumes, or related issues. Required parking within a planned unit development may be clustered.

J. Utilities. Utilities must meet the standards and requirements in Chapter 17.305 DMC.

K. Homeowners Association. A homeowners association, or similar entity acceptable to the city, is required for maintenance of all common areas or facilities within a planned unit development. The homeowners association must abide by the following principles:

1. A homeowners association shall be formed before approval of a final plat or certificate of occupancy.

2. Membership shall be mandatory for each property owner within the planned unit development.

3. Open space restrictions of the planned unit development shall be valid in perpetuity.

4. The homeowners association shall be responsible for liability insurance, applicable taxes, and maintenance of recreational and other common facilities.

5. Property owners shall pay their prorated share of common costs, or the assessment levied by the homeowners association shall become a lien on their property.

6. The homeowners association shall be able to adjust the assessment as needed.

7. A public hearing before the planning commission is required for any change in open space within the planned unit development or for dissolution of the homeowners association. [Ord. 521-2013 § 3 (Exh. A)].

Planned unit developments that are also subdivisions shall be processed according to the applicable subdivision requirements in Chapter 17.403 DMC. Other planned unit developments shall be processed using the Type III procedure in DMC 17.401.040.

Planned unit development applications must include the following information in addition to information required by either Chapter 17.403 DMC for subdivisions, or DMC 17.401.040 for Type III applications:

A. Written response to the development requirements listed in DMC 17.407.050.

B. Written response addressing the following items. Maps or other visual representations may be used to convey the required information as appropriate.

1. Proposed Uses in the Planned Unit Development. This may include types and locations of residential uses, commercial uses, recreational space or facilities, open space, and public or semi-public uses. Uses should be clearly identified, along with any conditions or limitations of the proposed uses.

2. Location and dimensions of all proposed buildings and structures, along with setback dimensions.

3. Architectural renderings of proposed residential and commercial buildings and structures.

4. Landscaping plan in conformance with Chapter 17.302 DMC.

5. Statement of public and private improvements to be made or installed, including streets, sidewalks, pedestrian and bicycle paths and trails, lighting, landscaping, tree planting, and the timeline of such improvements. Public improvements shall be made in conformance with Chapter 17.305 DMC.

6. Statement of ownership and maintenance for all open space areas and commonly owned facilities. [Ord. 521-2013 § 3 (Exh. A)].

The planning commission may impose reasonable conditions of approval for a planned unit development in order to protect natural resources and to ensure compatibility with adjacent uses and compliance with development code standards. [Ord. 521-2013 § 3 (Exh. A)].

A new public hearing before the planning commission shall be required if any of the following changes are proposed to an approved planned unit development site plan:

A. An increase or decrease in the number of dwelling units.

B. An increase or decrease in the area devoted to open space, recreational space, or recreational facilities. [Ord. 521-2013 § 3 (Exh. A)].

The boundary of the city may be expanded by annexation of territory when the territory is located within the city’s urban growth boundary and contiguous to the city limits, or separated from the city limits by a stream or right-of-way. [Ord. 521-2013 § 3 (Exh. A)].

A. Annexations are either a Type IV application, where the annexation is initiated by the property owner and affects either a single property or a group of five properties or less and affects five or fewer acres of land, or a Type V application, where the annexation is initiated by the city and/or affects more than five acres of land. Annexations where the city is the property owner will be processed as a Type IV application unless the area affected is greater than five acres in size.

B. The city recorder shall set a date for an initial public hearing before the planning commission following submission of an annexation application or initiation of an annexation proposal. Notice shall be pursuant to the proposed method of annexation.

C. The planning commission shall hear testimony and shall recommend approval or denial of the proposed annexation and submit such recommendation to the council within 10 days of the hearing. The planning commission’s decision shall state the rationale used in justifying the decision, and that the decision is in conformance with the city’s comprehensive plan. All annexation decisions shall state how the proposal will:

1. Affect the community’s air resources;

2. Promote an orderly, timely and economical transition of rural and agricultural lands into urbanized lands;

3. Relate to areas with natural hazards;

4. Affect the fish and wildlife in the proposed annexation area;

5. Utilize energy resources and conserve energy use;

6. Protect open spaces and scenic views and areas;

7. Provide for transportation needs in a safe, orderly and economic manner;

8. Provide for an orderly and efficient arrangement of public services;

9. Provide for the recreation needs of the citizens;

10. Affect identified historical sites and structures and provide for the preservation of such sites and structures;

11. Improve and enhance the economy of the city; and

12. Provide quality, safe housing through a variety of housing types and price ranges.

D. The city recorder shall set a date for a public hearing with the council upon receipt of the planning commission’s recommendation. Notice shall be pursuant to the proposed method of annexation. After considering all testimony the council shall sustain or reverse the planning commission’s recommendation. The council shall state the rationale used in justifying the decision, and that the decision is in conformance with the city’s comprehensive plan. The decision shall state how the proposed annexation will address the criteria stated in subsection (C) of this section. [Ord. 521-2013 § 3 (Exh. A)].

A. Annexation by Election.

1. The council, upon approval of the annexation proposal, has the authority to submit, except when not required under ORS 222.850 to 222.915, to dispense with submitting the proposal for annexation to the registered voters of the city.

2. The proposal for annexation may be voted upon at a general election or at a special election to be held for that purpose. The proposal for annexation may be voted upon by the voters of the city and of the territory simultaneously or at different times not more that 12 months apart.

3. Two or more proposals for annexation may be voted upon simultaneously; however, in the city each proposal shall be stated separately on the ballot and voted on separately, and in the territory proposed for annexation no proposal for annexing other territory shall appear on the ballot.

4. The council shall give notice of each annexation election by publication prior to such election once each week for four successive weeks in a newspaper of general circulation in the city. Whenever simultaneous elections are held, the same notice and publication shall fulfill the requirements of publication for the city election and the election held in the territory. Notice shall also be given by posting notices of the election in four public places within the city if votes are to be cast therein and four public places in each territory proposed to be annexed for a like period as provided in this section for publication of notice. The notice shall distinctly state the proposition to be submitted, shall contain a legal description of, and a map indicating the boundaries of, each territory proposed to be annexed, and the registered voters shall be invited thereby to vote upon such annexation. The council shall also designate and the notice shall state the hours during which the polls will be open within the city and each territory proposed to be annexed. If the election is to be held at the usual precinct polling places designated for a general election held at that time, or if the election is not held at the same time as a general election, but is held at the same polling places used for the last preceding general election, the notice shall so state; if any polling place is to be different than the regular polling places, the notice shall describe the location of the polling places to be used in the area or precincts in which the polling places are different.

B. Annexation without Election.

1. By ordinance, the council may elect to dispense with submitting the annexation proposal to the registered voters of the city and set a date for public hearing, at which time the registered voters of the city can be heard on the annexation proposal.

2. Notice of the public hearing shall be published once a week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the city, and posted in four public places in the city for a like period.

3. Written notice shall be given to all property owners within the boundaries of the proposed annexation and within 500 feet of the external boundaries of the proposed annexation.

4. After the public hearing the council, by ordinance subject to referendum and containing a legal description of the proposed annexation, shall:

a. Declare that the territory is annexed to the city upon the condition that the majority of the votes cast in the territory are in favor of annexation;

b. Declare that the territory is annexed to the city where persons with land ownership in the proposed territory consent in writing to such annexation.

C. Annexation with Election in Proposed Territory. The council need not call or hold an election in any contiguous territory proposed to be annexed, or post notice in the contiguous territory, if more than half the owners of land in the territory, who also own more than half of the land in the contiguous territory, and of real property therein representing more than half of the assessed value of all real property in the contiguous territory consent in writing to the annexation of their land in the territory and file the annexation proposal on or before the day:

1. The public hearing procedure shall be pursuant to DMC 17.408.020(B) and (C); and subsections (B) and (C) of this section, if the council dispenses with submitting the question to the registered voters of the city; or

2. The council takes the necessary action to call the annexation election in the city under subsection (A) of this section, if the council submits the question to the registered voters of the city.

D. Island Annexation.

1. It is within the power and authority of the city, by ordinance subject to referendum, to annex land, provided it is not an incorporated city, that is surrounded by the corporate limits or boundaries of the city, with or without consent of any property owner or resident in the territory.

2. Notice and procedure for public hearing shall be provided pursuant to the provisions of DMC 17.408.020.

3. If the council elects to submit the questions to the registered voters of the city, procedure shall be pursuant to DMC 17.408.030. [Ord. 521-2013 § 3 (Exh. A)].

A. The city shall report all changes in the boundaries or limits of the city to the county clerk and county assessor. The report shall contain a legal description of the new boundaries and shall be filed within 10 days from the effective date of the change of any boundary lines.

B. With the exception of “island annexation” the city recorder shall submit to the Secretary of State:

1. A copy of the annexation ordinance;

2. An abstract of the vote within the city if votes were cast therein, which shall show the whole number of registered voters voting therein on the annexation and the number of votes cast against annexation;

3. A copy of the statement of consent of landowners in the territory annexed;

4. A copy of the ordinance of the city declaring that no election is required in the city; and

5. An abstract of the vote upon the referendum if a referendum petition was filed with respect to the deferred ordinance. [Ord. 521-2013 § 3 (Exh. A)].

The annexation shall be complete from the date of filing with the Secretary of State as provided in ORS 222.150, 222.160, 222.170 and 111.900, and DMC 17.408.040(B). Thereafter, the annexed territory shall be and remain part of the city. The date of such filing shall be the effective date of annexation, provided such filing is not made later than 90 days prior to any general or primary election; otherwise, the effective date of such annexation shall be the day after the primary or general election next following the date of filing. [Ord. 521-2013 § 3 (Exh. A)].

The city council shall establish the appropriate comprehensive plan and zoning designation upon annexation of territory to the city. Zoning designations shall be compatible with the comprehensive plan designation for the territory if the territory was previously located within the city’s urban growth boundary. [Ord. 521-2013 § 3 (Exh. A)].