1.

The petitions, applications, and appeals provided for in this ordinance should be made on forms prescribed by the City where the City has promulgated such forms; in the event no such forms have been promulgated the petition, application, or appeal should be made by the petitioner, applicant, or appellant in writing.

2.

Applications should be accompanied by the plans and information otherwise required by this ordinance for the application in question. If the information required with an application is not specified elsewhere in this ordinance, the application shall be accompanied by plans, specifications, drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of existing and proposed structures; the intended use of each such structure; the number of families, if any, to be accommodated therein; location of city water and sewer facilities in which service to proposed structure is to be connected; the method of proposed access to the structure; relationship of the property to the surrounding area; and such other information as is needed to determine conformance with the provisions of this ordinance.

Editor's note— Ord. No. 553, adopted Nov. 12, 2007, repealed App. I, § 10.120, which pertained to filing fees and derived from Ord. No. 507, passed April 28, 1997, as amended.

1.

The City Recorder shall have authority to determine whether an application is complete for every type application, including quasi judicial land use decisions to be determined by the Commission or the Council. The City Recorder shall have full authority to exercise discretion as to the nature of the information required to accompany an application in those cases where the requirements are generally stated in the ordinance and an exercise of discretion is necessary to determine the exact information required. The City Recorder may waive a requirement that specific information be submitted if the City Recorder believes that such information is not necessary for review of the application. When review is conducted by the Commission or Council, additional information may be required by either body.

2.

The City Recorder shall make a decision as to whether a particular application is complete within thirty (30) days of filing of the application. An application is deemed filed when an applicant has submitted a written application and paid the required filing fee.

3.

If the application is determined to be incomplete, the City Recorder shall notify the applicant of the same and shall further notify the applicant of the exact information required to be submitted. The Commission or Council may request additional information of the applicant at the time of their review regardless of the City Recorder's prior decision as to the information required.

4.

If the applicant refuses to submit the additional information, the application shall be deemed complete upon the latest of the two following dates, 1) the date of notification from the applicant that he or she declines to provide the additional information or, 2) the 31st day after filing of the application.

5.

In the event the applicant refuses to submit additional information, whether requested by the City Recorder pursuant to the authority granted in this section, or whether later requested by the Commission or Council in conjunction with their review, the application may be denied based upon the failure or refusal to provide such information.

In the event an application for a permit or other approval required by this ordinance (other than a request for an amendment or zoning map covered by Section 11.010) is finally denied by the city an identical or similar application, covering the same property, may not be filed by the applicant within six (6) months of the final decision denying the prior application. The Commission, or other responsible officer, may decide whether consideration of an application should be barred due to similarity with a prior application, covering the same property, which was denied by the City within six (6) months of the filing of the second application.

Prior to the construction, reconstruction, alteration or change of use of a structure or lot, a zoning permit shall be obtained from the office of the City Recorder on the prescribed form. Zoning permits shall be nontransferable.

Each applicant for a zoning permit shall submit an application, on the prescribed city form, and a plan of proposed development containing the information required by Section 10.110 and Section 10.130, and in the event the use is subject to a site plan review, the information required by ARTICLE 10, CHAPTER III.

Subject to the provisions of ARTICLE 10, CHAPTER III governing site plan and view corridor review, and subject to provisions of Section 10.260 providing for improvement and installation of street, water and sewer service facilities, and subject to the imposition of conditions in accordance with Section 10.260, a zoning permit shall be issued in the event it is determined that the proposed development is in conformance with this and other ordinances of the City of Enterprise, and Oregon State law, including the State of Oregon building code adopted and administered by Wallowa County, Oregon. No zoning permit shall be issued if, at the time the applicant acquired the subject parcel, a lot line adjustment, subdivision or partition approval was required but not obtained, provided that such time as the applicant files for and obtains a subdivision or partition, or lot line adjustment approval, a zoning permit may be issued.

1.

The City Recorder shall review applications for zoning permits and shall, within ten (10) days of filing of a complete application, determine whether the zoning permit application meets the standards set forth in Section 10.230 and grant or deny the permit, or refer the application to the Commission for determination.

2.

In the event it is necessary to improve a dedicated street in order to provide access to a proposed use, or in the event that an extension of sewer and/or water mains costing in excess of Two Thousand and No/100ths ($2,000.00) dollars is necessary in order to serve the proposed use, the City Recorder shall refer the application to the Commission for determination. The City Recorder, however, may refer any other application to the Commission for determination if, in the judgment of the City Recorder, the application should he reviewed by the Commission.

3.

All zoning permit applications requiring site plan or view corridor review under ARTICLE 3, shall be referred to the Commission for review and determination.

4.

An access review shall be conducted as specified in Section 10.415, prior to issuance of the zoning permit, and conditions of the nature authorized by said section may be imposed upon any such permit. (Amended by Ord. 523 § 2 (part), 1999)

If a zoning permit application is referred to the Commission the applicant, and any other party requesting notice, shall be given ten (10) days written notice of the date, time and place the matter will be taken up by the Commission; the application shall be set on the agenda of the first regular Commission meeting which occurs, for which proper notice can be given. After review, the Commission shall either grant or deny the zoning permit provided, however, if the permit is granted, the Commission may impose such conditions as are authorized by Section 10.260 herein, and if site plan review is required may impose such conditions and stipulations as provided in ARTICLE 10, CHAPTER III.

1.

Each zoning permit issued by the City shall have, as a legal condition hereof, that construction will be made in accordance with the plans and specifications submitted to the city, the provisions of this ordinance together with other ordinances of the city, and Oregon State law, including the State of Oregon building code currently in effect.

2.

The City Recorder, or Commission, may impose conditions on a zoning permit when, in their sole judgment, it is deemed necessary and appropriate to implement the provisions of this ordinance or the Land Use Plan.

3.

The City Recorder, or Commission may further require as conditions of said permit, that provision for access be made, including improvement of existing dedicated streets, or extension thereof where appropriate and necessary, and may make further provisions with regard to location and extension of city water and sewer mains, if necessary, and require as a condition of said extension that the property owner grant the city a utilities easement if the same are to be placed on the applicant's property, and may further require any additional improvements to be made to insure that access to sewer, water, and electric utilities are provided in a manner which is consistent with the health, safety and welfare of the community. In making such determination the City Recorder or Commission shall be guided by the provisions and specifications applicable to subdivision and partitions under this ordinance, and shall not impose requirements or specifications more stringent then contained herein. The City may require that any required improvements be completed before the final approval of the zoning permit.

For the uses specified in ARTICLE 3, site plan review pursuant to this chapter is required before the final approval of the zoning permit.

The applicant shall submit a site plan and supplementary information with the application showing location and general design of;

1.

The proposed structure, and entryways to said structure;

2.

Off street parking, if any, and proposed motor vehicular access points to public streets;

3.

Pedestrian walkways and pedestrian circulation plan;

4.

Information concerning the size, location and design of all water and sewer facilities;

5.

Information concerning the storm drainage plan, including elevations and a plan for surface drainage, if surface drainage is proposed;

6.

Location information concerning other utilities including power, telephone and television cable;

7.

A lighting plan including the location and size of all proposed exterior lights together with any plans to shield the same from adjacent residences; and

8.

Such additional information as may be required to be submitted.

The Commission shall review the proposed site plan for conformance with the following criteria:

1.

Whether the plan is consistent with vehicular and pedestrian safety, on adjacent public ways and within the applicant's property. The Commission may require alteration or changes in the site plan if deemed necessary to secure public safety. The Commission may deny a permit in the event the proposed safety, and in the event no changes or modifications are made by the applicant, which eliminate the said hazard;

2.

Whether the proposed water and sewer facilities meet city standards and specifications;

3.

Whether the particular details of the proposed site development are consistent with the proper functioning and operation of public facilities such as streets, curbs, sidewalks, and utility facilities; and

4.

The design minimizes avoidable adverse impacts upon adjacent properties and uses.

5.

As part of the site plan review, the commission shall conduct an access review as specified in Section 10.415 and conditions to, or alterations in, the site plan may be imposed which are of the nature specified in and authorized by said section. (Amended by Ord. 523 § 2 (part), 1999)

The Commission may undertake site plan review in conjunction with conditional use permits for noncommercial uses in the event the application raises issues making formal site plan review desirable.

1.

Whenever the use regulations of ARTICLE 3 require view corridor review, the City Recorder shall make a threshold determination as to whether full view corridor review is required. A full view corridor review shall be made, and the matter referred to the Commission, if the City Recorder finds:

A.

That the proposed building or structure will materially impact the views of the Wallowa Mountains from existing residences in the area, or from residences which might be constructed on vacant lots, in the area; and

B.

After consideration of all factors, including topography and lot and street layout, view corridor review, and imposition of conditions which are possible under this section, might materially reduce or mitigate the impact upon adjacent residences or lots.

2.

When a proposed building or structure will materially and negatively affect views of the Wallowa Mountains from an existing residence, or residences, in the area, or from a residence which might be constructed on a vacant lot, in the area, suitable for residential use, said residences are 'affected residences' as that term is used in this section. As used herein, 'views' mean the view from an affected residence, or residences, of the Wallowa Mountains.

3.

View corridor review shall be conducted after such notice and opportunity for comment as is provided in Section 10.410. No notice shall be required prior to the City Recorder's threshold determination under subparagraph 1 of this section.

4.

In order to reduce the impact of the proposed building or structure upon views of the Wallowa Mountains from affected residences in the area the Commission may require that the development plan be altered in the following respects:

A.

The height of the proposed building or structure may be limited to one story above the highest elevation immediately adjacent to the proposed building or structure (that is on the uphill side of the proposed building or structure) and the Commission may require alteration of roof height or reduction in the slope of the roof. No limitation on height shall be imposed in the event such height reduction makes it impossible for the applicant to construct a residence with the same square footage as that originally proposed by the applicant.

B.

The Commission may require that the proposed building or structure, or a building or structure altered in accordance with subparagraph A above, be placed at a location on the site different than that proposed by the applicant. In making such determination, the Commission shall consider any negative impacts upon site development, including pedestrian access, access for offstreet parking, impact upon usable yard areas, impact upon views from the proposed residence, the customary manner of lot development in the area and the extent to which directing alternate building placement would reduce negative impact upon views from affected residences. No alteration of building location shall be directed which makes it impossible for the applicant to construct a residence with the same square footage as that originally proposed by the applicant.

C.

The Commission may reduce any required building setback if said reduction would permit building placement which materially reduces negative impact upon views from affected residences.

5.

In making the determinations under this section, the Commission shall protect the right of the applicant to reasonably use his or her property for uses permitted outright in ARTICLE 3 and shall not require development plans which are materially more expensive or materially different than the customary developments of similarly situated existing lots in the area.

1.

An access management review shall be undertaken to review access to city streets in conjunction with all subdivision and partitions, site plan reviews, conditional use permits or, in case of uses not covered by the foregoing, in conjunction with a zoning permit application. Access review to a state highway shall be conducted in accordance with the provisions of subparagraph 9.

2.

Such review shall include a review of proposed access points, the number and locations of proposed access points, together with alternatives to the access proposed by the applicant. The object of the review shall be to evaluate the impact of the proposed accesses to the city street upon traffic flow and, where appropriate, to minimize impact to such traffic flow by limiting the number or specifying the location of such access points. The purpose of such review, and the imposition of any limitations, shall be to preserve the effective functional use of each street according to the functional classifications of each.

3.

For interior lots, where the sole street access is to a single city street, a minimum of one access point shall normally be allowed. The City may permit more than one driveway entering a city street, if appropriate utilization of the property so requires.

4.

For corner lots abutting a major city street on one side and an intersecting minor city street on the other side, the city may (a) in the case of a commercial use, prohibit driveway access on the major city street and require that driveway access be on the adjacent city streets and (b) in the case of residential uses, where feasible, require that the driveway access be from the adjacent minor city street.

5.

Driveway access from a plot or parcel to an adjacent street may be prohibited where the access creates an unreasonable danger to pedestrian or vehicular traffic.

6.

The City may impose limitations and restrictions upon access points or methods to reduce negative impact upon the functioning of city streets and where feasible, measures to reduce impacts upon streets shall be imposed in order to preserve the functional classification of a street and to avoid negative impacts upon traffic flow and safety. Prior to imposing any measure to limit access to a street, the City shall consider the property owner's legal rights of access to said street, the impact upon the applicant which will be caused by the proposed access restriction and shall weight these factors against the public benefit secured by restriction of access.

7.

An applicant shall not be required to prepare and submit a professional traffic impact study as part of access review in conjunction with a land use application not involving a land use plan or ordinance amendment. For access review in conjunction with a land use ordinance or plan amendment, the City may require the applicant to submit a professional traffic impact study. The change of use provisions of ORS 374.305 and the development review guidelines of the Oregon Highway Plan may also require a professional traffic analysis. The City shall use the best available information as to the impact of a particular proposed use upon traffic volumes on streets and highways serving said use.

8.

Measures which may be imposed after access management review include, but are not limited to, restriction of the siting of interchanges, restrictions in the type and amount of access to roadways, and use of physical controls, such as signals and channelization including raised medians, to reduce impact of approach read traffic on the main facility, or any other sign, device or measure.

9.

For land use permit applications involving driveway or new street access to a state highway, the City shall coordinate its review of the land use application and site plan with ODOT's access permit review under ORS 374.305. The City shall exercise concurrent access review with ODOT where access is proposed to a state highway, particularly where routed on a city street.

10.

Coordinated review under subsection 9 above shall be conducted under the following procedures:

(a)

Where the applicant is required to file an application with ODOT for an access permit under ORS 374.305, the City shall require that such application be filed prior to final decision on the City's land use application.

(b)

The City shall notify ODOT of the land use application as soon as is feasible and prior to any decision by the City regarding said land use application.

(c)

City staff shall consult with responsible access permit officers at ODOT regarding the applicant's requested access and appropriate access points. Review of the City's land use application by the City officer or hearing body empowered to make a decision shall be coordinated with ODOT's review of its application for and ORS 374.305 access permit.

(d)

ODOT shall be notified of the City's decision on its land use application and of any conditions or provisions regarding access.

11.

In reviewing subdivision, site plans or other development plans the City shall seek to provide adequate internal circulation to limit the need for multiple direct accesses to a state highway. (Added by Ord 523 § 1 (part), 1999)

1.

Prior to conducting a partition, subdivision, site plan or view corridor review, the City shall mail a notice to all property owners within one hundred (100′) feet of the proposed development, containing the information required in subparagraph 2 herein. Fourteen (14) days shall be allowed for submission of written comments, from the date of mailing of said notice, prior to the time the Commission undertakes such review.

2.

The notice shall contain the following information:

A.

Provide a fourteen (14) day period for submission of written comments prior to review by the Commission and it shall state the date by which comments must be received by the City;

B.

That issues which may provide the basis for an appeal to the Land Use Board of Appeals must be raised in writing prior to expiration of the comment period and that issue shall be raised with sufficient specificity to enable the City to respond to the issue;

C.

The applicable criteria governing the review shall be listed by citation to the relevant sections of this ordinance or Land Use Plan;

D.

The street address or other easily understood geographical reference or description of the property;

E.

The date, time and place that comments are due;

F.

That copies of all evidence relied upon by the applicant are available for review and that copies can be obtained at cost;

G.

The notice shall state that the City Recorder is the City's contact person and shall provide the name, address and phone number of the City Recorder and

H.

The notice shall briefly describe the review process provided by this ordinance.

3.

The minor partition, site plan review or view corridor review shall not be conducted until such time as time for submission of written comments has expired.

1.

The City shall provide notice to the Oregon Department of Transportation (ODOT) of land use applications which are adjacent to Highway 3 or Highway 82 and notice of other applications which would have a material impact upon Highway 82 or Highway 3 due to access to a highway through a city street or other reason. The City shall provide ODOT an opportunity for review and comment prior to making a decision on such applications.

2.

The City shall provide notice to Wallowa County of land use applications which are adjacent to a county road or which, due to access to the county road through a city street or otherwise, would have a material impact upon said county road and shall provide an opportunity for review and comment to Wallowa County prior to a decision on such applications.

3.

The Oregon Department of Transportation, Aeronautics Division shall be provided notice of applications within airport noise corridors and imaginary surfaces which affect airport operations and shall be provided an opportunity for review and comment prior to a decision on such an application.

4.

Prior to any amendments to land use designations, densities and design standards which might affect the functions, capacities and levels of service of transportation facilities identified in the Transportation System Plan, the City shall give prior notice thereof to (a) ODOT if a state highway is affected, (b) Wallowa County , if a county road is affected and (c) the Aeronautics Division if the Enterprise Municipal Airport is affected. Any agency so notified shall have an opportunity for review and comment, prior to City action on said amendments and the City shall coordinate its review thereof with that of said agency. (Added by Ord. 523 § 1 (part), 1999)

Notice of decision of the partition review, subdivision review, site plan review or view corridor review shall be mailed to the applicant and all parties who have submitted written comments or whom have appeared and submitted oral comments at the time of the Commission and/or Council review. The notice of decision shall include an explanation of appeal rights.

1.

A public hearing is required prior to taking action on an application for a conditional use permit, variance, expansion or alteration of a nonconforming use, zoning map amendments, amendments to the text of this ordinance, or upon appeals from decisions of the City Recorder or Superintendent.

2.

Each notice of a hearing authorized by this ordinance shall be published in a newspaper of general circulation in the city at least ten (10) days prior to the date of the hearing.

3.

In addition, prior to all of the hearings specified in subparagraph 1 of this section, except a text amendment to the City of Enterprise Land Use Ordinance, notice of hearing shall be mailed to all property owners within two hundred fifty (250′) feet of the property for which the permit or zoning map amendment has been requested. The notice of hearing shall be mailed at least twenty (20) days prior to the date of the hearing.

4.

Failure of a person to receive the notice prescribed in this section shall not impair the validity of the hearing.

5.

The Commission or Council may recess a hearing in order to obtain additional information or to serve further notice upon other property owners or persons it decides may be interested in the application being considered. Upon recessing, the time and date when the hearing is to be resumed shall be announced.

The notice of hearing shall contain the following information:

1.

The nature of the application and the proposed use or uses which could be authorized;

2.

The applicable criteria from this ordinance and the Land Use Plan which apply to the application;

3.

The street address or other easily understood geographical reference or description of the property;

4.

The date, time and location of the public hearing;

5.

A statement that the failure of an issue to be raised in a hearing, in person or by letter or the failure to provide statements or evidence sufficient to afford the City an opportunity to respond on the issue will preclude appeal to the Land Use Board of Appeals, based upon that issue;

6.

That the City Recorder is the contact person and the telephone number where the City Recorder may be contacted and additional information obtained;

7.

That a copy of the application and all documents and evidence submitted by or on behalf of the applicant, together with the applicable criteria, are available for inspection at the City Recorder's office at no cost and that copies thereof will be provided at a reasonable cost; and

8.

An explanation of the requirements for submission of testimony and the procedure for the conduct of hearings.

The following rules apply to all public hearings conducted pursuant to this ordinance:

1.

All staff reports used at the hearing shall be available at least seven days prior to the hearing.

2.

At the commencement of a hearing, a statement should be made to those in attendance that:

A.

States all applicable substantative criteria;

B.

States that testimony and evidence must be directed toward the criteria described or to other criteria in this ordinance or the Land Use Plan which the person believes to apply; and

C.

States that failure to raise an issue accompanied by statements of evidence sufficient to afford the city and the parties an opportunity to respond to the issue, precludes appeal to the Land Use Board of Appeals, based upon that issue.

3.

At the evidentiary hearing, the order of presentation of evidence and testimony shall be as follows:

A.

All written evidence and letters shall be entered into the record and either read in full or copies thereof made available to all interested parties attending the hearing.

B.

Thereafter the applicant shall be allowed to submit all testimony and evidence in support of the application. Next, all other persons or parties in support of the application shall be allowed to present testimony or other evidence.

C.

After the completion of testimony from all proponents all persons opposing the application shall be allowed to testify or present other evidence.

D.

The applicant shall, after the close of the opponent's testimony, be allowed to present testimony, or other evidence, in rebuttal to the opponent's testimony or evidence.

4.

No testimony or evidence, except rebuttal testimony or evidence, shall be received without giving the opposing parties an opportunity to rebut the same.

5.

Prior to the conclusion of the initial evidentiary hearing, any participating person may request an opportunity to present additional evidence or testimony regarding such application. The commission or council shall grant such request by either, a) continuing the public hearing or, b) leaving the record open for a specified period for submission of additional written evidence.

6.

If a continuance of a public hearing is granted pursuant to subparagraph 5 of this section, the hearing shall be continued to a date, place, and time occurring at least seven (7) days from the date of the initial evidentiary hearing. At the continued hearing an opportunity shall be provided for participating persons to present and rebut new evidence and testimony. If new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of that hearing, that the record be left open for at least seven (7) days to submit additional evidence or testimony for the purpose of responding to the new written evidence.

7.

If, pursuant to subparagraph 5 herein, the record is left open for submission of additional evidence, the record should be left open for a minimum of seven (7) days. In the event of submission of additional evidence, any participating person may file a written request, during the period the record is open, for an opportunity to respond to such new evidence. In such event the Commission or Council shall reopen the record to admit new evidence and testimony and any persons participating may then raise new evidence or new issues relating to the application.

8.

Unless waived by the applicant, the City shall allow the applicant at least seven (7) days after the record is closed to all other parties, in order to submit final written arguments in support of the application. The applicants final submittal shall be considered part of the record but shall not include any new evidence.

The City Recorder shall mail a notice of decision, on any matter which is subject to a public hearing, to the applicant and to all participating persons to the hearing. When the Commission acts in a recommending capacity, by making a formal recommendation to the Council, no notice of the Commission's recommendation is required. The notice of decision shall include a statement of the applicant's and participating person's appeal rights.

A decision or ruling of the Superintendent or City Recorder, regarding a requirement of this ordinance or a permit required by this ordinance, may be appealed to the Commission and a decision or ruling of the Commission may be appealed to the Council, by filing a Notice of Appeal with the City Recorder within ten (10) days after the date of the decision or ruling. Notice of appeal shall state the nature of the decision or ruling appealed from and need not contain any specific grounds for appeal.

1.

All appeals from a decision or ruling of the City Recorder or Superintendent will be reviewed denovo (anew) by the Commission after public hearing; notice of such public hearing shall be given in accordance with Section 10.430.

2.

In the event a decision or ruling of the Commission is appealed to the Council and no public hearing was held before the Commission, the Council shall review the matter denovo after public hearing; notice of said public hearing shall be given in accordance with requirements of, Section 10.430. In all other cases the Council may hear the appeal without public hearing based upon the record of the Commission, or at its election may hold a new public hearing, giving notice required by Section 10.430 and review the appeal denovo. When an appeal is scheduled for public hearing or review without public hearing, the applicant, all appellants, and all persons requesting notice, shall be mailed a written notice containing the date, time, and place of the meeting, for which review of the appeal is scheduled.

3.

In review proceedings conducted on the record by the Commission, the Council shall permit the applicant, appellants, and any other interested persons to make a statement in support of or in opposition to the appeal; all such statements will not be evidence and the Council shall make its decision or ruling based upon the record of the Commission. When the reviewing body holds a new public hearing and reviews the matter denovo, any interested persons may testify either for or against the application, whether a party to the appeal or not.

4.

The reviewing body, whether the Commission or Council, may affirm, reverse, or modify the decision or ruling of the city officer or the body appealed from, and have all discretion in granting or denying the permit or imposing conditions on the permit, conferred upon the body or city officer initially charged with issuance of the permit.