Sections:

Sections:

Sections:

Sections:

Sections:

Sections:

Sections:

Sections:

Sections:

Sections:

Sections:

A Type I action is a ministerial action reviewed by staff based on clear and objective standards. No conditions may be placed on the decision, and notice of the decision is sent only to the applicant. Appeal is to the city council. The following actions are processed under the Type I procedure:

A.

Minor variance;

B.

Lot line adjustment;

C.

Home occupation;

D.

Fence permit; and

E.

Sign permit.

(Ord. 17-2003 § 1 (part))

A Type II action is a quasi-judicial review in which the city council applies a mix of objective and subjective standards that allow considerable discretion. Public notice and a public hearing is provided, see Chapter 17.180. Appeal of the decision is to the land use board of appeals (LUBA). The following actions are processed under a Type II procedure:

A.

Major variance;

B.

Conditional use permit;

C.

Site development review;

D.

Code interpretation;

E.

Non-conforming uses;

F.

Partitions;

G.

Subdivision; and

H.

Planned unit development.

(Ord. 17-2003 § 1 (part))

A Type III action is a quasi-judicial process in which the city council applies a mix of objective and subjective standards. Public notice is provided and public hearings are held by the city council, see Chapter 17.180. Appeal of the decision is to the land use board of appeals (LUBA). The following actions are processed under a Type III procedure:

A.

Zone change;

B.

Annexation;

C.

Vacation; and

D.

Road dedication.

(Ord. 17-2003 § 1 (part))

A Type IV action is a legislative review in which the city considers and enacts or amends laws and policies. Private parties cannot request a type IV action. City staff or city council must initiate it. Public notice and hearings are provided in a Type IV process. Appeal is to the land use board of appeals (LUBA).

A.

General plan amendment;

B.

Zone changes; and

C.

Development code amendments.

(Ord. 17-2003 § 1 (part))

The development standards in this title protect the public health, safety and welfare by establishing standard setbacks, maximum building heights and other development standards that apply to various uses. For lands or uses with unique characteristics, the intent and purpose of the development standards may be maintained while allowing for a variance to quantifiable requirements.

(Ord. 17-2003 § 1 (part))

Under the following provisions, a property owner or his designate may propose a modification or variance from a standard or requirement of this title, except when one or more of the following applies:

A.

The proposed variance would allow a use that is not permitted in the district;

B.

Another procedure and/or criteria is specified in the title for modifying or waiving the particular requirement or standard; or

C.

Modification of the requirement or standard is prohibited within the district.

(Ord. 17-2003 § 1 (part))

An application for a variance shall be filed with the city and accompanied by the appropriate fee. It shall be the applicant's responsibility to submit a complete application, including findings that address relevant review criteria of this chapter.

(Ord. 17-2003 § 1 (part))

The city manager/recorder may allow a minor variance from a requirement or standard of this title in accordance with the Type I review procedures, provided that the applicant provides evidence that the following circumstances substantially exist:

A.

The intent and purpose behind the specific provision sought to be varied is either clearly inapplicable under the circumstances of the particularly proposed development; or

B.

The particular development as proposed otherwise clearly satisfies the intent and purpose for the provision sought to be varied; and

C.

The proposed development will not unreasonably impact adjacent existing or planned uses and development; and

D.

The minor variance does not expand or reduce a quantifiable standard by more than twenty (20) percent and is the minimum necessary to achieve the purpose of the minor variance; and

E.

There has not been a previous land use action approved on the basis that a minor variance would not be allowed.

(Ord. 17-2003 § 1 (part))

The city council may allow a major variance from a requirement or standard of this title after a public hearing conducted in accordance with the Type II review procedures provided that the applicant provides evidence that the following circumstances substantially exist:

A.

Exceptional or extraordinary circumstances apply to the property that do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, legally existing prior to the date of the ordinance codified in this chapter, topography, or other circumstances over which the applicant has no control.

B.

Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same vicinity or district.

C.

The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which the property is located, or otherwise conflict with the objectives of any city plan or policy.

D.

That the special conditions and circumstances on which the application is based does not result from the negligent or knowing violation of this title by the applicant.

E.

The variance requested is the minimum variance that would alleviate the hardship.

(Ord. 17-2003 § 1 (part))

A.

Variance approval shall be effective for a period of one year from the date of approval. If the variance request has not been implemented within the one year period, the approval shall expire.

B.

Variance approval shall be voided immediately if the use established on site does not substantially conform to the approval granted by the city council.

C.

The city manager/recorder shall, upon request by the applicant and payment of the required fee, grant an extension of the approval for a period not to exceed six months. Requests for extension of approval shall be submitted, in writing, thirty (30) days prior to the expiration date of the approval period.

(Ord. 17-2003 § 1 (part))

Conditional use permit applications shall be reviewed in accordance with the Type II review procedures.

(Ord. 17-2003 § 1 (part))

An application for a conditional use permit shall be filed with the city manager/recorder and accompanied by the appropriate fee. It shall be the applicant's responsibility to submit a complete application that addresses the review criteria of this chapter.

(Ord. 17-2003 § 1 (part))

Conditional use permits shall be approved if the applicant provides evidence substantiating that all the requirements of this title relative to the proposed use are satisfied, and demonstrates that the proposed use also satisfies the following criteria:

A.

The use is listed as a conditional use in the underlying district.

B.

The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and location of improvements and natural features.

C.

The proposed development is timely, considering the adequacy of transportation systems, public facilities and services, existing or planned for the area affected by the use.

D.

The proposed use will not alter the character of the surrounding area in a manner that substantially limits, impairs, or precludes the use of surrounding properties for the primary uses listed in the underlying district.

(Ord. 17-2003 § 1 (part))

A.

Conditional use permit approval shall be effective for a period of one year from the date of approval. If the conditional use has not begun within the one year period, the approval shall expire.

B.

Conditional use permit approval shall be voided immediately if the use established on site does not substantially conform to the approval granted by the city council.

C.

The city manager/recorder shall, upon request by the applicant and payment of the required fee, grant an extension of the approval for a period not to exceed six months. Requests for extension of approval shall be submitted, in writing, thirty (30) days prior to the expiration date of the approval period.

(Ord. 17-2003 § 1 (part))

Discontinuance of a conditional use for a period of six consecutive months shall render the conditional use permit approval null and void.

(Ord. 17-2003 § 1 (part))

The site development review process is intended to:

A.

Guide future growth and development in accordance with the general plan and other related ordinances;

B.

Provide an efficient process and framework to review development proposals;

C.

Ensure safe, functional, energy-efficient developments which are compatible with the natural and man-made environment; and

D.

Resolve potential conflicts that may arise between proposed developments and adjacent uses.

E.

The site development review provisions are not intended to preclude uses that are permitted in the underlying zones.

(Ord. 17-2003 § 1 (part))

Site development review applications shall be reviewed in accordance with the Type II review procedures.

(Ord. 17-2003 § 1 (part))

An application for site development review shall be filed with the city manager/recorder and accompanied by the appropriate fee. It shall be the applicant's responsibility to submit a complete application that addresses the review criteria of this chapter.

(Ord. 17-2003 § 1 (part))

A.

Site development review shall be applicable to all new developments and major expansion or remodel (twenty-five (25) percent or more increase in total square footage) of existing developments except:

1.

Single-family detached dwellings; or

2.

A duplex.

3.

An accessory dwelling unit (ADU), subject to the provisions of Chapter 17.86.

B.

All of the provisions and regulations of the underlying zone shall apply unless modified by other chapters of this title.

(Ord. 17-2003 § 1 (part))

(Ord. No. 18-005, § 2(Exh. B), 7-5-18)

A.

The following information shall be submitted as part of a complete application for site development review:

1.

Site analysis:

a.

Existing site topography;

b.

Identification of areas exceeding ten (10) percent slopes;

c.

Site drainage, areas of potential flooding;

d.

Areas with significant natural vegetation;

e.

Classification of soil types;

f.

Existing structures, roadway access and utilities;

g.

Wetland determination for areas mapped with hydric soils or designated on a national wetland inventory map with determination conducted according to standards established by the Oregon Division of State Lands, and a letter of concurrence from the Oregon Division of State Lands;

h.

If the wetland determination indicates the need for further study, a wetland delineation, and letter of concurrence from the Oregon Division of State Lands;

i.

Location of active or inactive wells; and

j.

Location of the riparian buffer, if applicable.

2.

Site plan:

a.

Proposed grading and topographical changes;

b.

All proposed structures including finished floor elevations, setbacks, exterior elevations, and exterior finishing;

c.

Vehicular and pedestrian circulation patterns, parking, loading and service areas;

d.

Proposed access to public roads and highways, railroads or transportation systems;

e.

Site drainage plan including methods of storm drainage, sanitary sewer system, water supply system and electrical services. Invert elevations may be required for all underground transmission lines;

f.

Proposed landscape plan, to include appropriate visual screening and noise buffering, where necessary, to ensure compatibility with surrounding properties and uses;

g.

Boundaries of any delineated wetlands and mitigation areas;

h.

Proposed on-premise signs, fencing or other fabricated barriers, together with their heights and setbacks;

i.

Proof of ownership and signed authorization for the proposed development if applicant is not the owner of the site; and

j.

A schedule of expected development.

B.

Depending on the nature and scope of the proposed development, the city manager/recorder may require a traffic impact analysis report, prepared by a registered transportation engineer, including the following:

1.

The total estimated vehicular, pedestrian, bicycle and other transit service trips to be generated from the proposed development;

2.

The impact of the total estimated vehicular, pedestrian, bicycle and other transit service trips on the existing street, sidewalk, bicycle and other transit systems within the city; and

3.

The estimated level of improvement necessary to mitigate the total impact from the proposed development.

(Ord. 17-2003 § 1 (part))

The review of a site plan shall be based upon consideration of the following:

A.

Conformance with the general development standards Chapters 17.48 through 17.96;

B.

Characteristics of adjoining and surrounding uses;

C.

Drainage and erosion control needs;

D.

Public health factors;

E.

Parking, traffic safety, and connectivity of internal circulation to existing and proposed streets, bikeways and pedestrian facilities;

F.

Provision for adequate noise and/or visual buffering from non-compatible uses;

G.

Retention of existing natural features on site;

H.

Problems that may arise due to development within potential hazard areas; and

I.

Provisions for preventing contamination of the city's water supply by chemicals and/or other hazardous materials.

(Ord. 17-2003 § 1 (part))

As part of the development review process, the city may impose the following conditions on a new or expanding development:

A.

Limit or prohibit access to local streets which principally serve residential uses;

B.

Require a traffic impact analysis; and/or

C.

Require the dedication of additional right-of-way and/or street improvements where necessary to meet city street standards.

(Ord. 17-2003 § 1 (part))

A.

Site development review approval shall be effective for a period of one year from the date of approval. If substantial construction of the approved plan has not begun within the one year period, the approval shall expire.

B.

Site development review approval shall be voided immediately if construction on the site is a departure from the approved plan.

C.

The city council (manager/recorder) shall upon written request by the applicant and payment of the required fee, grant an extension of the approval for a period not to exceed six months provided that:

1.

No changes are made to the approved site development plan;

2.

The applicant can show intent to initiate construction on the site within the six month extension period; and

3.

There have been no changes in existing conditions, facts, or applicable policies or ordinance provisions on which the original approval was based.

(Ord. 17-2003 § 1 (part))

All public utility improvements required by this title or as conditions of approval shall be completed prior to the issuance of an occupancy permit, unless there exists a performance guarantee acceptable to the city attorney, as provided for in Chapter 17.204.

(Ord. 17-2003 § 1 (part))

A.

Site development review approval shall be effective for a period of one year from the date of approval. If substantial construction of the approved plan has not begun within the one-year period, the approval shall expire.

B.

Site development review approval shall be voided immediately if construction on the site is a departure from the approved plan.

C.

The city manager/recorder shall upon written request by the applicant and payment of the required fee, grant an extension of the approval for a period not to exceed six months provided that:

1.

No changes are made to the approved site development plan;

2.

The applicant can show intent to initiate construction on the site within the six month extension period; and

3.

There have been no changes in the facts, applicable policies, or ordinance provisions on which the original approval was based.

(Ord. 17-2003 § 1 (part))

The purpose of this chapter is to provide for a code interpretation for those uses not specifically listed in a particular zoning district but which are similar in character, scale and performance to the permitted uses specified in those chapters.

(Ord. 17-2003 § 1 (part))

Similar use requests shall be reviewed in accordance with the Type II review procedures.

(Ord. 17-2003 § 1 (part))

Any application for a similar use shall be filed with the city manager/recorder and accompanied by the appropriate fee. It shall be the applicant's responsibility to submit a complete application that addresses the review criteria of this chapter.

(Ord. 17-2003 § 1 (part))

A similar use may be authorized provided that the applicant demonstrates that the proposed use satisfies the following criteria:

A.

The use is consistent with the purpose of the underlying zoning district and is similar in character, scale and performance to uses specified in the underlying district.

B.

The use conforms to the applicable standards and limitations of the underlying zoning district.

(Ord. 17-2003 § 1 (part))

A.

In approving an application for a similar use, the council may:

1.

Determine whether the use is prohibited, permitted or conditionally permitted in the specified zone;

2.

Determine whether the use is permitted or conditionally permitted in a different zone; and

3.

Consistent with the development requirements of the identified zone, determine whether additional land use actions, such as conditional use approval or a site plan review, are required.

B.

The determination by the council that a proposed similar use cannot be accommodated in a given zone does not preclude an application, by the appropriate party, for an amendment to the text of the general plan and/or development code.

(Ord. 17-2003 § 1 (part))

Within the zoning districts established by the ordinance codified in this chapter and amendments thereto, uses and structures may exist which were lawful before the date of adoption or amendment of the ordinance codified in this chapter but which would be prohibited or restricted under the terms of the ordinance codified in this chapter. The general purpose of this chapter is to encourage the conversion of such nonconforming uses to conforming uses. However, this chapter allows nonconforming uses and structures to be continued, altered, restored or replaced subject to satisfaction of the review criteria specified. Nothing contained in the ordinance codified in this chapter shall require any change in the plans, construction, or designated use of any structure for which a building permit was issued and actual construction commenced prior to the date of adoption of the ordinance codified in this chapter or any amendment thereto. No alteration of a nonconforming use shall be permitted except in compliance with the provisions of this chapter.

(Ord. 17-2003 § 1 (part))

Nonconforming uses shall be reviewed in accordance with the Type II review procedures.

(Ord. 17-2003 § 1 (part))

An application for an alteration or expansion of a nonconforming use shall be filed with the city manager/recorder and accompanied by the appropriate fee. It shall be the applicant's responsibility to submit a complete application that addresses the review criteria of this chapter.

(Ord. 17-2003 § 1 (part))

If a non-conforming use is discontinued for a period of more than six consecutive months, the use shall not be resumed unless the new or resumed use conforms to the requirements of this title.

A nonconforming single-family dwelling may be continued, altered, or restored for residential purposes without review. A single-family dwelling does not lose its nonconforming status due to vacancy.

(Ord. 17-2003 § 1 (part))

The alteration of any nonconforming use when necessary to comply with any lawful requirement for alteration of the use or structure, or to bring the use or structure into closer compliance with this title shall be permitted, subject to all other laws, ordinance and regulations.

(Ord. 17-2003 § 1 (part))

Normal maintenance of a nonconforming use is permitted, provided there are not major structural alterations as determined by the building official.

(Ord. 17-2003 § 1 (part))

A.

The city manager/recorder shall authorize restoration or replacement of a nonconforming use when restoration or replacement is made necessary by fire, casualty, or natural disaster and does not exceed fifty (50) percent of the value of the original structure, provided the physical restoration or replacement is lawfully commenced within six months of the damage or destruction.

B.

The city council, subject to the Type II review procedure, may extend the restoration or replacement period for an additional six months. In no case shall the total restoration or replacement period exceed one year. Requests for extension of restoration or replacement period shall be submitted in writing thirty (30) days prior to the expiration date of the restoration or replacement period.

C.

The alteration of a nonconforming use may be authorized by the city council, subject to a Type II review procedure, provided that the applicant demonstrates that the proposal satisfies the following criteria:

1.

That the alteration of structures would result in a reduction in nonconformity of the use, or would have no greater adverse impact on the neighborhood; and/or

2.

A change in use to another non-conforming use may be permitted if it is of the same or less intensity of use.

(Ord. 17-2003 § 1 (part))

In approving the alteration, restoration, or replacement of a nonconforming use, the city council may impose such conditions, as it deems appropriate to ensure that the intent of this chapter is carried out.

(Ord. 17-2003 § 1 (part))

The procedures and requirements in this section apply to the relocation of a common property line between two (2) abutting properties.

(Ord. 17-2003 § 1 (part))

(Ord. No. 41-2007, § 1(Exh. A), 2-8-2007)

A.

The number of lots or parcels as large as the minimum lot size in the affected zone is at least the same after the adjustment as before the adjustment.

B.

The number of lots or parcels resulting from the adjustment is the same or less than the number of lots or parcels existing prior to the adjustment.

C.

With the exception of lots located within the Gervais Town Plat, following the lot line adjustment, all lots must comply with lot size and dimensional standards of the applicable land use district.

Lots located within the Gervais Town Plat may be reconfigured through the lot line adjustment process if all lots are a minimum of five thousand (5,000) square feet in size following the adjustment.

For all other non-conforming lots, the adjustment shall not increase the degree of non-conformance of the subject property or surrounding properties.

D.

All lots or parcels having access to a public or private street before the adjustment must retain access after the adjustment.

Lots located within the Gervais Town Plat that are reconfigured must have frontage on and access to a public right-of-way, such as a street or alley, after the adjustment. Improvement or construction of a street or alley access may be included as a condition of the lot line adjustment approval.

E.

The lot line adjustment shall not reduce any required development feature or standard, such as parking, landscaping, or building setbacks, to a size or dimension that does not meet the minimum standards of this Code.

(Ord. 17-2003 § 1 (part))

(Ord. No. 41-2007, § 1(Exh. A), 2-8-2007)

The applicant must submit the following information and material:

A.

Applications for lot line adjustments shall be submitted on forms provided by the city to the City Manager/Recorder and accompanied by the appropriate fee. A lot line adjustment application shall be signed by the property owner, contract purchaser or an authorized agent of the owner or contract purchaser of all lots impacted by the lot line adjustment.

B.

Each application shall be accompanied by a preliminary map drawn to scale of not less than one (1) inch equals fifty (50) feet, and containing at a minimum, the following:

1.

A written statement that explains the applicant's reasons for adjusting the boundaries and demonstrating that the adjustment conforms to city land use policies and regulations of the applicable zone.

2.

North point, scale and date.

3.

Name and addresses of landowners, applicants, engineer, surveyor, planner, architect or other individuals responsible for the plan.

4.

Map number and tax lot or tax account number of subject property.

5.

Dimensions and size in square feet or acres of each parcel before the proposed adjustment and of each parcel after the proposed adjustment.

6.

The approximate location and identification of existing streets, easements or rights-of-way adjacent to, or within, the subject property, and, existing improvements on the property.

(Ord. 17-2003 § 1 (part))

(Ord. No. 41-2007, § 1(Exh. A), 2-8-2007)

A lot line adjustment is subject to a Type I review. After a lot line adjustment is approved, the new boundary becomes effective only if within one (1) year of the written approval the following steps are completed:

A.

A metes and bounds legal description of the adjusted lots is recorded with the Marion County Clerk.

B.

If required by ORS Chapter 92, a final plat and boundary survey are prepared and all new boundaries are monumented as required by ORS Chapters 92 and 209.

The applicant shall submit a copy of the recorded lot line adjustment survey map to the city prior to issuance of any building permits on the reconfigured lots.

(Ord. 17-2003 § 1 (part))

(Ord. No. 41-2007, § 1(Exh. A), 2-8-2007)

A partition is required for any land division that creates two or three parcels in a calendar year. The parcels shall meet the development standards for land division in Chapter 17.76, other applicable development standards and the following additional requirements:

A.

Each parcel shall satisfy the dimensional standards of the applicable zoning district, unless a variance from these standards is approved.

B.

Adequate public facilities shall be available to serve the existing and newly created parcels.

(Ord. 17-2003 § 1 (part))

A.

Partition approval is valid in perpetuity, upon recording of the final surveyed plat.

B.

No parcel within an approved partition may be redivided within the same calendar year in which it was recorded, except through the subdivision process.

C.

A master plan for development is required for any application that leaves a portion of the subject property capable of replatting.

(Ord. 17-2003 § 1 (part))

Preliminary plats for partitions shall be reviewed in accordance with the Type II review procedures.

(Ord. 17-2003 § 1 (part))

A.

Applications for partitions shall be submitted on forms provided by the city to the city manager/recorder and accompanied by the appropriate fee. It shall be the applicant's responsibility to submit a complete application that addresses the review criteria of this chapter.

B.

The applicant shall submit twelve (12) clear and legible copies of the preliminary plan on sheets not less than eleven (11) inches by seventeen (17) inches and no more than twenty-four (24) inches by thirty-six (36) inches in size. Preliminary plans shall be drawn to a scale of one inch equals fifty (50) feet or larger.

1.

General information. The following general information shall be shown on the tentative plan:

a.

Vicinity map extending eight hundred (800) feet in each direction showing all streets, property lines, streams, and other pertinent data to locate the proposal;

b.

North arrow, scale of drawing and date of preparation;

c.

Tax map and tax lot number or tax account of the subject property;

d.

Dimensions and size in square feet or acres of the subject property; and

e.

The names and addresses of the property owner, partitioner and engineer, surveyor, or other individual responsible for laying out the partition.

2.

Existing conditions.

a.

Location of all existing easements within the property;

b.

Location of city utilities (water, sanitary sewer, storm drainage) within or adjacent to the property proposed for use to serve the development;

c.

The location and direction of watercourses or drainage swales. The location and disposition of any wells, wetlands identified on the state wetland inventory, septic tanks, and drain fields in the partition; and

d.

Existing uses of the property, including location of existing structures on the property. It should be noted whether the existing structures are to be removed or to remain on the property.

3.

Proposed plan. A detailed plan of the propose partition clearly showing the following:

a.

Locations, approximate dimensions and area in square feet of all proposed parcels. All parcels shall be numbered consecutively; and

b.

Location, width and purpose of any proposed easements.

4.

Supplemental information.

a.

Proposed deed restrictions, if any, in outline form.

(Ord. 17-2003 § 1 (part))

A.

Within one year of the final decision approving a preliminary plat, a final survey of the approved plat shall be recorded. If the final survey is not submitted within one year, the preliminary approval shall lapse. Final plats shall conform to the requirements and shall be reviewed in accordance with Section 17.164.050.

B.

The city manager/recorder shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval for a period not to exceed six months provided that:

1.

No changes are made to the approved preliminary plat; and

2.

There have been no changes in existing conditions, facts, or applicable policies or ordinance provisions on which the original approval was based.

(Ord. 17-2003 § 1 (part))

A.

Definition. An expedited land division:

1.

Is an action of the city that:

a.

Includes land that is zoned for residential uses and is within an urban growth boundary;

b.

Is solely for the purposes of residential use, including recreational or open space uses accessory to residential use;

c.

Does not provide for dwellings or accessory buildings to be located on land that is specifically mapped and designated in the comprehensive plan and land use regulations for full or partial protection of natural features under the statewide planning goals that protect open spaces, scenic historic areas, natural resources, and estuarine resources;

d.

Satisfies minimum street or other right-of-way connectivity standards established by acknowledged land use regulations or, if such standards are not contained in the applicable regulations, as required by statewide planning goals or rules; and/or

e.

Creates enough lots or parcels to allow building residential units at eighty (80) percent or more of the maximum net density permitted by the zoning designation of the site.

2.

Is a land division that:

a.

Will create three or fewer parcels; and

b.

Meets the criteria set forth for an action under Section 17.160.060(A)(1).

B.

Exclusion.

1.

Property and process exclusions include properties specifically mapped and designated in the general plan or development code for full or partial protection of natural features under the statewide planning goals that protect open space, scenic and historic areas and natural features and not eligible for the construction of dwelling units or accessory buildings.

2.

The expedited land division process is not a land use or limited land use decision and is not subject to the permit requirements of city enabling legislation. Decisions are not subject to the comprehensive plan and not eligible for appeal to the land use board of appeals (LUBA).

C.

Complete application. The city shall review an application and makes a decision on its completeness within twenty-one (21) days of submittal. Upon determination of an incomplete application, the applicant has one hundred eighty (180) days to submit the missing information.

D.

Public notice. Upon submittal of a complete application, the city shall send written notice to affected governmental agencies and property owners within two hundred (200) feet of the site proposed for the land division. The notice shall include the following:

1.

A fourteen (14) day deadline for submission of written comments;

2.

The time and place where all copies of evidence submitted by the applicant will be available for review;

3.

The name, address, and telephone number of the city's staff person available to comment on the application;

4.

Summary of the local decision making process for such a decision;

5.

Applicable decision criteria; and

6.

Notification that participants must raise all issues during the written comment period.

E.

Initial decision. The city council shall allow at least fourteen (14) days for written comments and shall render a decision within sixty-three (63) days of a complete application. No public hearing may be held during the initial decision making phase.

F.

Notice of final decision. A notice of decision must be given to the applicant and other participants of the decision. The notice of decision shall state the appeal process.

G.

Time extension.

1.

Applicant. If a decision is not made within sixty-three (63) days, the applicant may seek review by writ of mandamus.

2.

City. The city may extend the sixty-three (63) day period up to one hundred twenty (120) days based on the determination that an unexpected or extraordinary increase in applications makes the sixty-three (63) day period impracticable. Following a seven day notice to the applicant, consideration of an extension is considered at a regularly scheduled city council meeting. That determination is specifically declared not to be a land use decision or limited land use decision.

H.

Decision criteria. Criteria for approving the partition shall be as follows:

1.

The criteria established in Section 17.160.010.

2.

Density. The application must be able to establish at least eighty (80) percent of the allowable density of the applicable residential zone.

3.

Street standards. The application must comply with the most recent transportation plan or provide evidence of meeting the city's minimum street connectivity standards.

I.

Appeal of initial decision. A decision may be appealed to a local hearings officer within fourteen (14) days of filing the notice of decision by the applicant or any person or organization that filed comments on the initial decision.

J.

Appeal fee. Filing an appeal requires a deposit of three hundred dollars ($300.00) to cover costs. An appellant faces the possibility of an assessment of five hundred dollars ($500.00) for the total costs of local proceedings if the appellant does not prevail. If an appellant materially improves its position, the deposit and appeal fee shall be refunded.

K.

Basis of an appeal of the initial decision. The local appeal shall be based on the following:

1.

The failure to meet local substantive and procedural requirements;

2.

Unconstitutionality;

3.

The decision was not within the expedited land division category; or

4.

A party's substantive rights have been substantially prejudiced by an error in procedure of the local government.

L.

Hearings officer. A city designated hearings officer shall hear the appeal of the initial expedited land use decision. The hearings officer may not be a city officer or city employee.

M.

Hearings officer notification. Within seven days of the hearings officer's appointment, the city shall notify the appellant, the applicant (if not the appellant), and the persons or organizations entitled to notice and which provided written comments, of the hearing date before the hearings officer. If a person submitting comments did not appeal, the issues presented by that person are limited to those in their submitted comments.

N.

Appeal hearing. The hearings officer conducts a hearing that:

1.

Follows the commission proceeding requirements;

2.

Allows the local government's explanation of its decision; and

3.

May consider evidence not previously considered.

O.

Hearings officer decision. In all cases, not involving a procedural issue, the hearings officer shall seek to identify means by which the application can satisfy the applicable requirements. The hearings officer may not reduce the density of the application or remand the application to the city, but shall make a written decision on the appeal within forty-two (42) days of the filing of the appeal. Unless the local government determines that exigent circumstances exist, a hearings officer who fails to decide a case within the forty-two (42) day period shall receive no compensation for services as the hearings officer. If the decision was not an expedited land division, the hearings officer must remand the decision for proper procedural determination.

P.

Appeal of hearings officer decision. Appeals of the hearings officer decision are to the Oregon Court of Appeals.

Q.

Basis of an appeal of the hearings officer decision. The grounds for review of a hearings officer's decision are limited to:

1.

Whether the decision followed the process for an expedited land division and appellant raised that issue;

2.

Unconstitutionality; and

3.

Certain bias or interest on the part of the hearings officer or local government.

R.

Process for final plat approval. Final plats for expedite land divisions shall be reviewed consistent with the requirements in Section 17.160.050.

(Ord. 17-2003 § 1 (part))

A.

All subdivisions and planned unit developments (PUDs) shall conform to all applicable zoning district standards, development standards and other provisions of this title.

B.

A master plan for development is required for any application that leaves a portion of the subject property capable of redevelopment.

(Ord. 17-2003 § 1 (part))

A.

The following submittal requirements shall apply to all preliminary plan applications for subdivisions and PUDs.

1.

All applications shall be submitted on forms provided by the city to the city manager/recorder along with the appropriate fee. It shall be the applicant's responsibility to submit a complete application that addresses the review criteria of this chapter.

2.

The applicant shall submit twelve (12) clear and legible copies of the preliminary plan on sheets that are twenty-four (24) inches by thirty-six (36) inches in size. Preliminary plans shall be drawn to a scale of one inch equals one hundred (100) feet or larger.

3.

General information. The following general information shall be shown on the preliminary plan:

a.

Vicinity map extending three hundred (300) feet in each direction showing all streets, property lines, streams, and other pertinent data to locate the proposal;

b.

North arrow, scale of drawing and date of preparation;

c.

Tax map and tax lot number or tax account of the subject property;

d.

Dimensions and size in square feet or acres of the subject property; and

e.

The names and addresses of the property owner, partitioner and engineer, surveyor, or other individual responsible for laying out the partition.

4.

Existing conditions. The preliminary plan shall show:

a.

Location of all existing easements within the property;

b.

Location of city utilities (water, sanitary sewer, storm drainage) within or adjacent to the property proposed for use to serve the development;

c.

The location and direction of watercourses or drainage swales. The location and disposition of any wells, wetlands identified on the state wetland inventory, septic tanks, and drain fields in the development;

d.

Existing uses of the property, including location of existing structures on the property. It should be noted whether the existing structures are to be removed or to remain on the property; and

e.

Contour lines related to an established benchmark, having a one-foot interval.

5.

Proposed plan. The preliminary plan shall clearly show to scale the following:

a.

Proposed name of the PUD or subdivision;

b.

Locations, approximate dimensions and area in square feet of all proposed lots. Identification of each lot and block by number;

c.

Proposed streets and their names, approximate grade, radius of curves, and right-of-way widths;

d.

Any other legal access to the subdivision or PUD, other than a public street;

e.

Location, width and purpose of any proposed easements; and

f.

If the development is to be constructed in phases, indicate the area of each phase.

5.

Supplemental Information.

Proposed deed restrictions, if any, in outline form.

B.

The following supplemental information shall be required for all PUD preliminary plan applications:

1.

Calculations justifying the proposed density of development as required by Section 17.104.050(C);

2.

Proposed uses of the property, including sites, if any, for attached dwelling units, recreational facilities, parks and playgrounds or other public or semi-public uses, with the purpose, condition and limitations of such reservations clearly indicated;

3.

The approximate location and dimensions of all commercial or multi-family structures proposed to be located on the site;

4.

Statement of improvements to be made or installed including streets, sidewalks, bikeways, trails, lighting, tree planting, landscaping, and time such improvements are to be made or completed. A notation shall indicate all existing trees and shrubs to be retained;

5.

Written statement-outlining proposals for ownership and maintenance of all open space areas, private streets and any commonly owned facilities; and

6.

The location, layout and surfacing of all off-street parking areas.

(Ord. 17-2003 § 1 (part))

A.

Preliminary plans for subdivisions and PUDs shall be reviewed in accordance with the Type II review procedures.

B.

Approvals of any preliminary plans for a subdivision or PUD shall be valid for one year after the date of the written decision. A final plat for a subdivision shall be recorded within this time period or the approvals shall lapse. PUDs that do not involve the subdivision of property shall show substantial progress toward the construction of the project within the one year period or the approval shall lapse.

C.

The council may extend the approval period for any subdivision or PUD for not more than one additional year at a time. Requests for extension of approval time shall be submitted in writing thirty (30) days prior to the expiration date of the approval period.

D.

If the approval period is allowed to lapse, the applicant must resubmit the proposal, including all applicable fees, for public hearing. The applicant will be subject to all applicable standards currently in effect.

(Ord. 17-2003 § 1 (part))

A.

Preparation. The final plat shall be submitted to the city in a form and with information consistent with this title, county survey and map standards and state laws including ORS 92.010-160 for plats of record and ORS 209.250 for surveys.

B.

Number of copies. The applicant shall submit two identical reproducible copies of the final plat for signature. The plats shall be Mylar, meeting the requirements of the county clerk and county surveyor.

C.

Information required. In addition to any information specified by current state law or county regulations, the following information shall be shown on the final plat:

1.

The area of each lot shall be shown in square feet. For parcels larger than one acre, the area shall be shown to the nearest hundredth of an acre. When front lot lines are on a curve or arc, the front lot line distance shall be indicated by bearing and chord distance.

2.

Identification of land to be dedicated for any purpose, public or private, to distinguish it from lots or parcels intended for sale. The following phrases shall be used when identifying open space dedications:

a.

COMMON OPEN SPACE: Used to identify those parcels of land created for the purpose of common ownership, enjoyment and maintenance by an approved homeowner's association or is listed as being held in common ownership, with appropriate deed restrictions and responsibilities, by owner's of property within the development.

b.

PUBLIC OPEN SPACE: Used when identifying those parcels of land dedicated to the city for open space purposes.

3.

Location, dimensions, bearing and purpose of all recorded and proposed public and private easements along with the county clerk's recording reference if the easement has been recorded with the county clerk. Fine dashed lines shall denote easements. The conditions of all easements shall be noted on the final plat or recorded on separate easement forms as approved by the city.

D.

Endorsements required. The following endorsements represent the minimum required for a final plat. Additional endorsements required by state or county, laws, ordinances or regulations shall also be supplied. Signature blanks for these endorsements shall be provided on the final plat:

1.

City manager/recorder;

2.

Mayor;

3.

City engineer;

4.

Signature blanks for the mayor with acceptance declaration for dedications of land to public use (other than public utility easements); and

5.

The county board of commissioners.

E.

Supplemental information with final plat.

1.

An amended title report or subdivision guarantee, as appropriate, issued by a title insurance company in the name of the owner of the land, showing all parties with a title or interest in the property and whose consent is necessary, as well as all existing easements, restrictions, covenants and other encumbrances pertaining to the subject property;

2.

Copy of any dedication requiring separate documents;

3.

Where applicable, all homeowner's agreements, articles and bylaws shall be submitted with the final plat for review by the city attorney.

a.

The final plat shall not be approved by the city until the homeowner's association agreement, articles and bylaws are approved.

b.

The homeowner's association agreement shall be consistent with state law, including ORS Chapter 94. c. A certificate of formation of a non-profit corporation for the homeowner's association, with a state seal, shall be submitted with the final plat for review by the city.

d.

Signed, original documents of the homeowner's association agreement, articles and bylaws and the certificate of formation shall be recorded with the final plat;

4.

Maintenance agreements for common property or common access easements shall be submitted with the final plat for review by the city attorney; and

5.

Deed restrictions.

(Ord. 17-2003 § 1 (part))

A.

Within one year of the final decision approving a preliminary plat, a final plat shall be recorded. If the final plat is not submitted within one year, the preliminary approval shall lapse.

B.

The city manager/recorder shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval for a period not to exceed six months provided that:

1.

No changes are made to the approved preliminary plat; and

2.

There have been no changes in existing conditions, facts, or applicable policies or ordinance provisions on which the original approval was based.

C.

After the final plat has been submitted, the city staff shall review and compare it with the approved preliminary plan to ascertain whether the final plat conforms substantially to preliminary plan and to the conditions of approval as were imposed. The city staff will make its findings known to the council, who shall signify their approval of the final plat by directing the mayor to sign all three reproducible copies of the plat.

D.

No final plat shall be approved unless:

1.

The plat is in substantial conformance with this title and the provisions of the preliminary plan as approved, including any conditions imposed in connection therewith;

2.

The plat contains free and clear of all liens and encumbrances a donation to the public of all common improvements, including but not limited to streets, roads, sewage disposal and water supply systems, the donation of which is required by this title or was made a condition of the approval of the preliminary plat;

3.

Explanations of all common improvements required as conditions of approval of the preliminary plan have been recorded and referenced on the plat;

4.

All reserve blocks shown on the preliminary plan or required as conditions of approval have been deeded in fee simple to the city; and

5.

The city has received adequate assurances that the applicant has agreed to make all public improvements, which are required as conditions of approval of the preliminary plan. The following constitute acceptable adequate assurances:

a.

Certification by the city engineer that all required public improvements are completed and approved by the city; or

b.

A performance guarantee has provided by Section 17.204.010.

E.

If the city staff or council finds that conditions specified in subsection (D) of this chapter have not been met, the applicant shall be advised of the changes that must be made and afforded the opportunity to comply. Rejection of a final plat shall not affect the preliminary plan approval.

F.

When the city council finds that the final plat is in substantial conformity to the approved preliminary plan and is otherwise in lawful form, the city manager/recorder shall sign and date all three reproducible copies of the plat.

G.

Following endorsement of the plat by the city manager/recorder, the mayor and the city engineer, the applicant shall:

1.

Pay all required review fees;

2.

Complete all action required by ORS 92.100;

3.

Obtain any other approval signature required by state or county laws, ordinances or regulations;

4.

Deliver the approved subdivision plat and accompanying documents to the county clerk for recording; and

5.

Deliver a signed Mylar copy and three copies of the recorded subdivision plat to the city recorder's office.

H.

Effective date for final plat approval. The approval process for a development shall become final upon the recording of the approved final plat together with any required documents with the county clerk. Approved final plats shall become void one year after final city approval if they are not recorded.

(Ord. 17-2003 § 1 (part))

The proposed subdivision of manufactured or mobile home parks under the requirements of ORS 92.830 to 92.845 shall be processed as follows:

A.

The subdivision of an existing mobile home park shall be approved, provided:

1.

The park is in compliance with all standards for a mobile dwelling park or is an approved nonconforming use;

2.

The tentative subdivision plan does not increase the number of lots approved for the park, change the boundary lines, or setback requirements, or make other development changes; and

3.

A plat is prepared and recorded in compliance with all regulations of this title and Oregon Revised Statutes.

B.

A subdivision of an existing mobile home park is not required to meet the minimum lot size, frontage, setback requirements, or street standards of this title, with the following exception that new structures located within yards abutting properties outside of the subdivision must meet all setback requirements or be approved for a variance.

C.

A subdivision of an existing mobile home park shall be subject to formation of a homeowners association for continued maintenance of streets and open space areas within the subdivision.

(Ord. 17-2003 § 1 (part))

(Ord. No. 15-001, § 2(Exh. B), 7-2-2015)

Rezoning or zone change shall be reviewed in accordance with the type III review procedures.

(Ord. 17-2003 § 1 (part))

An application for a zone change shall be filed with the city manager/recorder and accompanied by the appropriate fee. It shall be the applicant's responsibility to submit a complete application that addresses the review criteria of this chapter.

(Ord. 17-2003 § 1 (part))

Zone change proposals shall be approved if the applicant provides evidence substantiating the following:

A.

The proposed zone is appropriate for the general plan land use designation on the property and is consistent with the description and policies for the applicable general plan land use classification.

B.

The uses permitted in the proposed zone can be accommodated on the proposed site without exceeding its physical capacity.

C.

Allowed uses in the proposed zone can be established in compliance with the development requirements in this title.

D.

Adequate public facilities, services, and transportation networks are in place or are planned to be provided concurrently with the development of the property.

E.

For residential zone changes, the criteria listed in the purpose statement for the proposed zone shall be met.

F.

The following additional criteria shall be used to review all non-residential changes:

1.

The supply of vacant land in the proposed zone is inadequate to accommodate the projected rate of development of uses allowed in the zone during the next five years, or the location of the appropriately zoned land is not physically suited to the particular uses proposed for the subject property, or lack site specific amenities required by the proposed use.

2.

The proposed zone, if it allows uses more intensive than other zones appropriate for the land use designation, will not allow uses that would destabilize the land use pattern of the area or significantly adversely affect adjacent properties.

(Ord. 17-2003 § 1 (part))

Any zone change or reclassification of property shall be done by ordinance. Upon adoption by ordinance of a reclassification or zone change, the city recorder shall annotate the official zoning map accordingly.

(Ord. 17-2003 § 1 (part))

The boundary of the city may be extended by the annexation of territory not then within the city and which territory is within the city's urban growth boundary and contiguous to the city or separated from it by a stream or right-of-way only. All annexations shall conform to the adopted Urban Growth Boundary and Policy Agreement between Hubbard and Marion County.

(Ord. 17-2003 § 1 (part))

Annexations shall be processed in accordance with ORS Chapter 222 procedures.

(Ord. 17-2003 § 1 (part))

The annexation shall be complete from the date of filing with the secretary of state as provided in ORS 222.150, 222.160, and 222.170. 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 ninety (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. 17-2003 § 1 (part))

(Ord. No. 15-001, § 2(Exh. B), 7-2-2015)

The city council shall establish by ordinance the appropriate zoning, in conformance to the general plan, effective upon the effective date of the annexation of property to the city.

(Ord. 17-2003 § 1 (part))