The purpose of this chapter and EMC 16.132 is to describe general requirements and criteria to be considered in reviewing an application for an amendment to the provisions of this title. An amendment may be made to the text of the code or to the zoning maps in either a legislative or quasi-judicial manner as follows:

1. Legislative amendments may be initiated only by the planning commission or city council.
2. Quasi-judicial amendments may be initiated by the planning commission, city council, or by the owner of the affected property or their agent and shall be in accordance with the application procedure specified in EMC 16.132.010. All quasi-judicial amendments shall be subject to the public hearing requirements pursuant to EMC 16.132.020 through EMC 16.132.090.

(Prior code § 10.800)

1. Legislative Amendments. Proceedings initiated by the city council shall be by resolution and shall be referred first to the planning commission. The commission shall make a recommendation to the council upon completion of a public hearing. The planning commission and city council shall adopt findings to establish that the legislative amendment will not conflict with other provisions of the development code or with the comprehensive plan. A legislative amendment may be made by the city council after recommendation by the planning commission and after a public hearing held pursuant to EMC 16.132.020 through EMC 16.132.090.
2. Quasi-Judicial Amendments. A quasi-judicial amendment may be approved when the applicant demonstrates that the amendment would not conflict with other provisions of the authorized proposal provided that the proposal satisfied all applicable requirements of the development code or with the comprehensive plan.

(Prior code § 10.805)

Findings made by the decision-making body supporting or justifying any action authorized pursuant to this code shall be made in writing and shall be provided to the applicant. Findings shall be made which are consistent and in conformance with the applicable regulations of this code and the comprehensive plan.

(Prior code § 10.810)

No application of a property owner for an amendment to the text of this title or to the zone map shall be considered by the planning commission within a one-year period immediately following a previous denial of a request or substantially similar request, except the planning commission may permit a new application, if in the opinion of the planning commission, new evidence or a change of circumstances warrant it.

(Prior code § 10.880)

Editor's note—Ord. No. 2018-003, § 3(Exh. 6), adopted Oct. 8, 2018, repealed § 16.128.050, which pertained to plan and land use regulation amendments—reference to state law and derived from Ord. No. 2007-6, § 19.

The following uses and activities are not subject to land use review or approval procedures established under EMC Division VI, Chapter 16.132 (Administration).

1. Transportation facilities, services, and improvements consistent with the adopted Transportation System Plan.
   

All requests for consideration by the city of an action for which a regulation is prescribed by this development code shall be on forms as provided by the city. A complete application shall include the following unless otherwise provided for in this code:

1. Completed land-use application form;
2. Site plan drawn to scale;
3. Completed supplemental application form;
4. Application fee.

If an applicant for an action which requires the consideration of a regulation prescribed by said code is not the property owner, the application shall be accompanied by duly notarized written authorization. For purposes of this section, a contract purchaser is deemed to be a property owner.

(Ord. 2001-5 § 2: prior code § 10.825)

The review of applications under this title shall be subject to one of the following procedures:

1. The public hearing process as defined and outlined in EMC 16.132.
2. The legislative actions process as outlined in EMC 16.132.
3. The planning staff review process outlined below:
   1. The applicant shall submit an application and supplementary materials, as required in this chapter, to the planning department;
   2. The application shall be reviewed by appropriate staff members who shall approve, deny, or approve with conditions, the application on the basis of an evaluation of the proposal and the requirements and standards set forth in this title;
   3. The city planner, or designee, shall notify the applicant in writing of the decision;
   4. Decisions of the city planner, or designee, made under this procedure may be appealed to the planning commission. An appeal shall be processed according to the provisions in EMC 16.132.050. An appeal stays the proceedings in the matter appealed until the determination of the appeal by the planning commission.

(Ord. 2001-5 § 3)

Notice of the application shall be provided to 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 shall notify the transportation authority if different than the City of Estacada, including but not limited to ODOT, Clackamas County, Sandy Area Metro, or TriMet facilities. 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.

(Ord. No. 2018-003, § 3(Exh. 6), 10-8-2018)

Mailed notice shall be sent to the Oregon Department of Transportation (ODOT) and any public agencies providing transportation facilities and services for the following:

1. Any public hearing on a legislative change to the zoning ordinance or land use/design review plans.
2. Any subdivision or partition plan.
3. Any proposal that affects transportation facilities or services that are owned or operated by ODOT or other public agency.
4. Any development located within the City’s Airport Overlay Zone.

When the planning commission or city council is required to hold a public hearing for an action authorized or required by this code, the hearing shall be conducted according to the following procedures:

1. Notice of Public Hearing.
   1. Each notice of a public hearing for any quasi-judicial land use application shall be published in a newspaper of general circulation in the city at least twenty (20), but not more than forty (40) days, prior to the date of hearing. In addition, at least twenty (20) days prior to the hearing, but not more than forty (40) days prior to the hearing, notices shall be mailed to all owners of property within one hundred (100) feet of the exterior boundary of the property for which the application is made. For this purpose the names and addresses of the owners as shown on the records of the county assessor shall be used.
   2. Each notice of a public hearing for any legislative land use proposal shall be published at least two times in a newspaper of general circulation of the city, at least twenty (20), but not more than forty (40) days prior to the hearing.
   3. The public hearing notice shall:
      1. Explain the nature of the application and the proposed use or uses which could be authorized;
      2. List the applicable criteria from the ordinance;
      3. Set forth the street address or other easily understood geographical reference to the subject property;
      4. State the date, time and location of the hearing;
      5. State that failure of an issue to be raised in a hearing, in person or by letter, or failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue precludes appeal to the board based on that issue;
      6. Include the name of a local government representative to contact and the telephone number where additional information may be obtained;
      7. State that a copy of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost;
      8. State that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and will be provided at reasonable cost; and
      9. Include a general explanation of the requirements for submission of testimony and the procedure for conduct of hearings.
   4. Notice of a public hearing on a land use application shall be provided to any governmental agency that is entitled to such notice under an intergovernmental agreement entered into with the City and any other affected agencies. At a minimum, the City shall notify all agencies with jurisdiction over roads in the City.
   5. Failure of a person to receive the notice prescribed in this section shall not invalidate a proceeding if notice is provided as described in Subsection A,1 of this section. Mailed notices to owners of real property required by this section shall be deemed given to those owners named and in ownership since the last complete tax assessment roll was prepared. The failure of the city to cause a notice to be mailed to an owner of a lot or parcel of property created or that has changed ownership since the last complete tax assessment roll was prepared shall not invalidate a proceeding prescribed by this code.

(Ord. 2000-28 § 1: prior code § 10.830; Ord. No. 2018-003, § 3(Exh. 6), 10-8-2018)

1. The planning commission or the city council may recess a hearing in order to obtain additional information or to serve further notice upon other property owners or persons that may be effected by the proposal under consideration. Upon recessing the time and date when the hearing is to be resumed shall be announced, and no additional publication shall be necessary.
2. At the commencement of a hearing under a comprehensive plan or land use regulation, a statement shall be made to those in attendance that:
   1. Lists the applicable substantive criteria;
   2. States that testimony and evidence must be directed toward the criteria described in Subsection B, 1 of this subsection or other criteria in the plan or land use regulation which the person believes to apply to the decision;
   3. States that failure to raise an issue with sufficient specificity to afford the decision maker and the parties an opportunity to respond to the issue precludes appeal to the board based upon that issue;
   4. All documents or evidence relied upon by the applicant shall be submitted to the city and shall be made available to the public at the time notice provided for in this title;
   5. Any staff report used at the hearing shall be available at least seven days prior to the hearing. If additional documents or evidence is provided in support of the application, any party shall be entitled to a continuance of the hearing. Such continuance shall not be subject to the limitations of ORS 215.428 or 227.178;
   6. Unless there is a continuance, if a participant so requests before the conclusion of the initial evidentiary hearing, the record shall remain open for at least seven days after the hearing. Such an extension shall not be subject to limitations of ORS 215.428 or 227.178;
   7. When a local governing body, planning commission, hearings body or hearings officer reopens a record to admit new evidence or testimony, any person may raise new issues which relate to the new evidence, testimony or criteria for decision-making which apply to the matter at issue.

(Prior code § 10.835)

No decision or action of the planning commission or city council shall be invalid due to ex parte contact or bias resulting from ex parte contact with a member of the decision-making body, if the member of the decision-making body receiving the contact:

1. Places on record the substance of any written or oral ex parte communications concerning the decision or action; and
2. Has a public announcement of the content of the communication and of the parties right to rebut the substance of the communication made at the first hearing following the communication where action will be considered or taken on the subject to which the communication related.

A communication between city staff (including consultants for legal, engineering, planning and other services) and the planning commission or city council shall not be considered an ex parte contact for the purposes of this section.

(Prior code § 10.840)

1. An action or ruling of the planning staff pursuant to this chapter may be appealed to the planning commission within fifteen (15) days after the planning staff has rendered written findings. If the appeal is not filed within the fifteen (15) day period, the decision of the planning staff shall be final. If the appeal is filed, the planning commission shall receive a report and recommendation from the planning staff and shall hold a public hearing pursuant to the process for appeals in this section.
2. An action or ruling of the planning commission pursuant to this chapter may be appealed to the city council within fifteen (15) days after the planning commission has rendered written findings. If the appeal is not filed within the fifteen (15) day period, the decision of the planning commission shall be final. If the appeal is filed, the city council shall receive a report and recommendation from the planning commission and shall hold a public hearing on the appeal.
3. Written notice of an appeal shall be filed with the city and accompanied by the appropriate filing fee.
4. An application for an appeal shall include the specific rationale for the appeal with sufficient clarity to allow the city and respondents an adequate opportunity to respond to or resolve each issue.
5. A notice of an appeal shall be sent to the applicant, interested or affected parties who participated at the initial or final hearing and who filed a written request for notice of appeals, or others required by law. The notice shall be mailed at least twenty (20) days before the hearing on the appeal.
6. Review by the city council shall be accomplished in accordance with its own adopted rules of procedure. The city council may allow, on its own motion, additional public testimony. If no such motion is made and allowed, review shall be based solely on the record before the city council, including all exhibits, the transcripts, and the written findings of the planning commission. The city council may continue the hearing in order to consider the application fully.
7. The city council may affirm, rescind, or amend the action of the planning commission, and may reasonably grant approval subject to conditions. The city council may also remand the matter back to the planning commission for additional information. The city council shall cause written findings to be adopted justifying the decision on the basis of the record before it. The decision of the city council shall be final upon the adoption of the written findings unless judicial review or appeal is sought within the applicable time limit.

(Ord. 2001-5 §§ 4, 5; prior code § 10.845)

1. Within seven working days after written findings have been rendered with reference to any land use request , the city shall provide the applicant with notice of the decision of the planning commission or city council.
2. Within seven working days after written findings have been rendered with reference to any land use request, the city shall provide written notice of the approval or denial to all parties to the proceeding requesting such notification, ORS 227.173 (3).
3. Final decision on any land use request is approval of findings of fact signed by the planning commission chair.
4. The effective date of decision of the building department, code enforcement officer, municipal court judge or city attorney is the date of a letter notifying the property owner or applicant of the department action.
5. The effective date of a decision of the city council is the date of adoption of any resolution or ordinance or the approval of findings of fact signed by the mayor.

(Prior code § 10.850)

1. The city shall take final action on an application for permits, limited land use decisions or zone changes, including resolution of all appeals under EMC 16.32.050 Subsection B within one hundred twenty (120) days after the application is accepted as complete.
2. The application is complete if all items are submitted as specified on the application form, required as part of this title, or requested in writing by the city and subsequently submitted.
   1. If the application is incomplete, the city shall notify the applicant of exactly what information is missing within thirty (30) days of receipt of the application and allow the applicant to submit the missing information;
   2. The application shall be deemed complete upon receipt by the city of the missing information; or
   3. If the applicant refuses to submit the requested information within thirty (30) days, the application shall be considered incomplete on the thirty-first day after the city first received the application;
   4. If the application was incomplete when first submitted and the applicant submits the requested information within one hundred eighty (180) days of the date of application, approval or denial of the action shall be based on the standards and criteria applicable at the time the application was first submitted.
3. The one hundred twenty (120) day period set in Subsection A of this section may be extended for a reasonable period as determined by the city at the request of the applicant.
4. The one hundred twenty (120) day period set forth in this section shall only apply to decisions wholly within the authority and jurisdiction of the city.
5. In the event a final decision is not rendered within one hundred twenty (120) days, as specified under Subsection A of this section, an applicant may seek a writ of mandamus to require an approval of the application or a decision that approval would violate the city's plan or land use ordinance.

(Prior code § 10.855)

In the event of two or more land use actions are requested concurrently for the same property or use, the applicant shall supply all information required by this chapter and as requested on forms prescribed by the city. The separate requests shall be heard as one proposal at the time of the public hearing.

(Prior code § 10.860)

1. Fee Required. A land use action cost fee in an amount not to exceed the average cost of such actions are required to be paid to the city upon filing of an application. The amount of the fees for specific actions shall be as established by the city council by resolution.
2. Consolidated applications for multiple land use, design review or building permit shall be charged fees for each specific action.
3. In the event an applicant withdraws a request for land use action, all costs incurred by the city from the date of application to the date of withdrawal shall be assessed to the applicant including, but not limited to, costs incurred by the city for staff reports, legal services, public notices, postage and copies. The filing fee may be refunded after deducting all cost incurred.
4. Notwithstanding the provisions above, the city council may waive reimbursement of any or all portions of land use action costs upon written request by the applicant.

(Prior code § 10.865)

The public works superintendent or his or her designee may, for good and sufficient cause, temporarily suspend all or any part of the work undertaken pursuant to this title. The public works superintendent may allow the applicant an extension of time for completion of the work corresponding to the total period of the temporary suspension.

1. The public works superintendent shall have authority to suspend the work wholly, or in part, for cause due to the applicant's failure to carry out the provisions of the permit. The public works superintendent shall determine the length of any suspension due to conditions considered unsuitable for the performance of the work or for any reason in the public interest.
2. During any suspension of the work the applicant shall be responsible for the work and take every precaution to prevent damage to or deterioration of the work including temporary traffic control. The applicant shall be responsible for damage to the work that may occur during suspensions of work the same as though the damage had occurred while the work was in progress. If the applicant fails to provide for temporary traffic control and to maintain the work, the public works superintendent may immediately proceed to maintain the work. The cost of such maintenance will be the responsibility of the applicant and shall be charged against the applicant and/or the applicant's bond.
3. The applicant's voluntary or involuntary suspension or slow down, with or without the approval of the public works superintendent, will not be grounds for claims by the applicant for damages or extra compensation. No allowance or compensation will be made on account of such suspensions of the work.

(Prior code § 10.905)

In case a structure is, or is proposed to be, located, constructed, maintained, repaired, altered or used, or land is, or is proposed to be, used in violation of this title, the structure or land thus in violation shall constitute a nuisance. The city may, as an alternative to other remedies that are legally available for enforcing this title, institute injunction, mandamus, abatement or other appropriate proceedings to prevent, enjoin temporarily or permanently, abate or remove the unlawful locations, construction, maintenance, repair, alteration or use.

(Prior code § 10.910)

1. Within ten (10) days after notification of a violation of this title, the code enforcement officer shall notify the property owner that such a violation exists.
2. Where the violation does not involve a structure, action to correct the violation shall be made within fifteen (15) days.
3. Where the violation involves a structure, action to correct the violation shall be made within thirty (30) days.
4. If no action has been taken to correct the violation within the specified time, the city attorney code enforcement officer shall issue a citation which shall include a notice to appear. The violation shall be cited to appear before Estacada municipal court.
5. The Estacada municipal court judge shall preside over the proceedings and assess penalty or alternate remedies that are legally available for enforcing this title.
6. The city attorney/code enforcement officer may consider whether subsequent legal action should be taken to correct the violation; and if necessary, shall take such legal action as required to insure compliance with this title.

(Prior code § 10.920)

A person violating a provision of this title shall, upon conviction, be punished by a fine of no more than five hundred dollars ($500.00). A violation of this title shall be considered a separate offense for each day the violation continues.

(Prior code § 10.900)