Chapter 4 provides all of the application requirements and procedures for obtaining permits required by this Code. Please refer to Table 4.2.110 in Chapter 4.2 for a key to determining which land use permits and procedures are required, and the decision-making body for a particular type of permit application.

The purpose of this Chapter is to establish standard decision-making procedures that will enable the City, the applicant and the public to reasonably review applications and participate in the local decision-making process in a timely and effective way.

All land use and development permit applications and approvals, except building permits, shall be decided by using the procedures contained in this Chapter. The procedure “type” assigned to each application governs the decision-making process for that permit or approval. There are four types of permit/approval procedures as described in subsections 1-4 below. Table 4.2.110 includes a list of land use decisions and permits required by the City.

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

2.    Type II Procedure (Administrative/Staff Review with Notice). Type II decisions are made by the City Administrator, or designee, with public notice and an opportunity for appeal to the Planning Commission. Alternatively the City Administrator may refer a Type II application to the Planning Commission for its review and decision in a public meeting.

3.    Type III Procedure (Quasi-Judicial Review – Public Hearing). Type III decisions are made by the Planning Commission after a public hearing, with an opportunity for appeal to the City Council. Quasi-Judicial decisions involve discretion but implement established policy.¹

4.    Type IV Procedure (Legislative Review). The Type IV procedure applies to the creation or revision, or large-scale implementation, of public policy (e.g., adoption of regulations, zone changes, annexation, and comprehensive plan amendments). Type IV reviews are considered by the Planning Commission, which makes a recommendation to City Council. The City Council makes the final decision on a legislative proposal through the enactment of an ordinance.

*     The applicant may be required to obtain building permits and other approvals from other agencies, such as the road authority (Linn County Roads Department and/or ODOT) or a natural resource regulatory agency (e.g. Department of State Lands, Department of Environmental Quality, etc.). The City’s failure to notify the applicant of any requirement or procedure of another agency shall not invalidate a permit or other decision made by the City under this Code.

A.    Application Requirements.

1.    Application Forms. Type I applications shall be made on forms provided by the City.

2.    Submittal Information. Type I applications shall include the following:

a.    The information requested on the application form;

b.    A written statement that addresses the criteria in sufficient detail for review and action; and

c.    The required fee.

B.    Criteria. The City Planner’s review is intended to determine whether minimum code requirements are met and whether any other land use permit or approval is required prior to issuance of a building permit.

C.    Administrative Decision. The City Planner’s decision shall address all of the approval criteria. Based on the criteria and the facts contained within the record, the City Planner shall approve, approve with conditions, or deny the requested permit or action. A written record of the decision shall be provided to the applicant and kept on file at city hall.

D.    Effective Date. A Type I decision is final on the date it is signed by the City Planner. The decision is the final decision of the City and cannot be appealed. It is not a land use decision as defined by ORS 197.015, and therefore is not subject to appeal to the state Land Use Board of Appeals.

A.    Application requirements.

1.    Application Forms. Type II applications shall be made on forms provided by the City.

2.    Submittal Information. The application shall include the following:

a.    The information requested on the application form;

b.    Maps, plans and exhibits required for the specific approval(s) being sought.

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

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

e.    The required fee.

B.    Notice of Application and Pending Action on a Type II Administrative Decision.

1.    The City shall mail a notice of a pending Type II decision to the following individuals and agencies no fewer than 14 days prior to making the Type II decision.

a.    All owners of record of real property within 200 feet of the subject site;

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

c.    Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City. At minimum, the City will notify the Linn County Roads Department or ODOT if the project is adjacent to a County road or a state highway. The City may notify other affected agencies, as appropriate, for review of the application.

d.    The failure of another agency to respond with written comments on a pending application shall not invalidate an action or permit approval made by the City under this Code.

2.    The purpose of the notice is to give nearby property owners and other interested parties the opportunity to submit written comments about the application, before the Type II decision is made.

3.    Notice of a pending Type II Administrative Decision shall:

a.    Provide a summary of the proposal;

b.    Provide a 14-day period for submitting written comments before a decision is made on the permit;

b.    List the relevant approval criteria by name and number of code sections;

c.    State the place, date and time the comments are due, and the person to whom the comments should be addressed;

d.    Include the name and telephone number of a contact person regarding the Administrative Decision;

e.    Identify the specific permits or approvals requested;

f.    Describe the street address or other easily understandable reference to the location of the site;

g.    State that if any person fails to address the relevant approval criteria with enough detail, that person may not be able to appeal to the Land Use Board of Appeals or Circuit Court on that issue. Only comments on the relevant approval criteria are considered relevant evidence;

h.    State that all evidence relied upon by the City to make this decision is in the public record, available for public review. Copies of this evidence can be obtained at a reasonable cost from the City;

i.    State that after the comment period closes, the City will issue a decision. The decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice;

j.    Contain the following notice: “Notice to mortgagee, lienholder, vendor, or seller: The Halsey Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser.”

C.    Administrative Decision Requirements.

1.    At the conclusion of the comment period, the City Planner shall either approve, approve with conditions or deny the application based on the applicable criteria. Alternatively, the City Planner may refer a Type II decision to the Planning Commission, if the City Planner determines the code requirements are ambiguous or believes the proposal may have a broader neighborhood or community-wide impact. If referred to the Planning Commission, the City Planner will transmit all written comments received, a copy of the application and a staff report to the Planning Commission for review and decision at its next regularly scheduled meeting.

2.    Where the City Planner refers a Type II application to the Planning Commission, the Planning Commission shall review the application at a public meeting. The Planning Commission may approve, approve with conditions, or deny the application based on the applicable criteria. The Planning Commission may continue its review to the next meeting to allow the applicant time to respond to questions, provided that the Commission makes a final decision within the 120-day period prescribed under state law (ORS 227.178).

D.    Notice of Decision.

1.    Within seven days of a Type II (Administrative) decision, the City will issue a Notice of Decision. The Notice of Decision will be mailed and/or electronically transmitted to the:

a.    The applicant;

b.    The property owner and any contract purchasers of record for the affected property;

c.    Any agency or person who provided written comments on the proposal;

d.    Any person(s) who requested a written copy of the decision; and

e.    The Linn County Building Department (if necessary);

2.    City staff shall cause an affidavit of mailing and posting of the notice to be prepared and made a part of the file. The affidavit shall show the date the notice was mailed and posted and shall demonstrate that the notice was mailed or electronically transmitted to the people and within the time required by law.

3.    The Type II Notice of Decision shall contain:

a.    A summary description of the applicant’s proposal, the City’s decision on the proposal and the conditions of approval;

b.    The address or other geographic description of the property proposed for development, including a map of the property in relation to the surrounding area, where applicable;

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

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

e.    A statement that all persons entitled to notice may appeal the decision per Chapter 4.2, Section 4.2.130.F;

f.    A statement briefly explaining how an appeal can be filed, the deadline for filing an appeal, and where further information can be obtained concerning the appeal process.

E.    Effective Date of the Decision. A Type II administrative decision is final 14 days after the City mails the Notice of Decision, unless the decision is appealed pursuant to Section 4.2.130.F.

F.    Appeal. A Type II Administrative Decision made by the City Planner may be appealed to the Planning Commission; and a Type II Administrative Decision made by the Planning Commission may be appealed to the City Council, as applicable, pursuant to the following:

1.    Who may appeal. The following people have legal standing to appeal a Type II Decision:

a.    The applicant or owner of the subject property;

b.    Any person who was mailed written notice of the Type II administrative decision;

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

2.    Appeal procedure.

a.    Notice of appeal. Any person with standing to appeal, as provided in subsection 1, above, may appeal a Type II Administrative Decision by filing a Notice of Appeal according to the following procedures;

(1)    Time for filing. A Notice of Appeal shall be filed with the City within 14 days of the date the Notice of Decision was mailed;

(2)    Content of notice of appeal. The Notice of Appeal shall contain:

(a)    An identification of the decision being appealed, including the date of the decision;

(b)    A statement demonstrating the person filing the appeal has standing;

(c)    A statement explaining the specific issues being raised on appeal;

(d)    If the appellant is not the applicant, a statement demonstrating that the appeal issues were raised during the comment period; and

(e)    the required filing fee.

b.    Scope of appeal. The appeal of a Type II Administrative Decision by a person with standing shall be limited to the specific issues raised during the written comment period, as provided under Section 4.2.130.C, unless the hearings body allows additional evidence or testimony concerning any other relevant issue. The hearings body may allow such additional evidence if it determines that such evidence is necessary to resolve the case. The purpose of this requirement is to limit the scope of Type II Administrative Appeals by encouraging persons with standing to submit their specific concerns in writing during the comment period.

c.    Appeal procedures. Type III notice and hearing procedures shall be used for all Type II Administrative Appeals, as provided in Section 4.2.140.C through Section 4.2.140.G.

The Type III procedure is used by the City when making a quasi-judicial land use decision which involves discretion on the part of the decision-making body (Planning Commission or City Council). The decision is made after a public hearing and is based on standards and criteria and the application of established public policy.

Type III applications include conditional use permits, site plan reviews, land divisions, variances, and zone changes (site specific), comprehensive plan map amendments (site specific) and annexations. See Table 4.2.110.

Some Type III decisions are made by the Planning Commission, after a public hearing with an opportunity to appeal the City Council. Other Type III decisions (e.g. a zone change, annexation or comprehensive plan amendment to one or more parcels) are considered by both the Planning Commission and City Council. The Planning Commission will hold a public hearing and make a recommendation to the City Council. The City Council will also hold a public hearing and make a final decision.

A.    Pre-application conference. A pre-application conference is required for all Type III applications. The requirements and procedures for a pre-application conference are described in Section 4.2.160.C.

B.    Application requirements.

1.    Application forms. Type III applications shall be made on forms provided by the City;

2.    Submittal Information. Type III applications shall include the following:

a.    The information requested on the application form;

b.    Maps, plans and exhibits required for the specific approval being sought.

c.    A written statement or letter that explains how the application satisfies each and all of the relevant criteria in sufficient detail for review and action;

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

e.    The required fee;

C.    Notice of Hearing.

1.    Mailed notice. Notice of a Type III application hearing or Type II appeal hearing shall be given by City staff in the following manner:

a.    At least 20 days before the hearing date, notice shall be mailed to:

(1)    The applicant and all owners or contract purchasers of record of the property which is the subject of the application;

(2)    All property owners of record within 200 feet of the site;

(3)    Any governmental agency which has entered into an intergovernmental agreement with the City which includes provision for such notice, or who is otherwise entitled to such notice. At minimum, the City will notify the Linn County Roads Department or ODOT if the project is adjacent to a County road or a state highway. The City may notify other agencies, as appropriate, for review of the application. 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.

(4)    Any person who submits a written request to receive notice;

(5)    For appeals, the appellant and all persons who provided testimony; and

(6)    For a land use district change (zone change) affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175.

b.    City staff shall prepare an affidavit of notice. The affidavit shall state the date that the notice was posted on the property and mailed to the persons who must receive notice. The affidavit will be made a part of the administrative record;

c.    At least 14 days before the hearing, notice of the hearing shall be published on the city’s website and/or in a newspaper of general circulation in the City. The newspaper’s affidavit of publication of the notice shall be made part of the administrative record;

d.    At least 14 days before the hearing, City staff shall post notice of the hearing on the property in clear view from a public right-of-way. The City shall prepare and submit an affidavit of posting of the notice which shall be made part of the administrative record.

2.    Content of Notice. Notice of the public hearing to be mailed, posted and published per Subsection 1 above shall contain the following information:

a.    The nature of the application and a summary of the proposed land use or uses which are proposed for the property;

b.    The applicable criteria and standards from the development code(s) that apply to the application;

c.    The street address or other easily understood geographical reference to the subject property;

d.    The date, time, and location of the public hearing;

e.    A disclosure statement that if any person fails to address the relevant approval criteria with enough detail, he or she may not be able to appeal to the City Council, Land Use Board of Appeals, or Circuit Court, as applicable, on that issue, and that only comments on the relevant approval criteria are considered relevant evidence;

f.    The name of a City representative to contact and the telephone number where additional information on the application may be obtained;

g.    A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and the applicable criteria and standards can be reviewed at City Hall at no cost and that copies shall be provided at a reasonable cost;

h.    A statement that a copy of the City’s staff report and recommendation to the hearings body shall be available for review at no cost at least seven days before the hearing, and that a copy shall be provided on request at a reasonable cost;

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

j.    The following notice: “Notice to mortgagee, lienholder, vendor, or seller: The Halsey Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser.”

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

D.    Conduct of the Public Hearing.

1.    Hearing Procedures and Opening Statement. At the commencement of the hearing, the presiding officer, or designee, shall state and/or make available to those in attendance all of the following information and instructions:

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

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

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

d.    At the conclusion of the initial evidentiary hearing, the hearing body shall deliberate and make a decision based on the facts and arguments in the public record.

e.    Any participant may ask the hearing body for an opportunity to present additional relevant evidence or testimony that is within the scope of the hearing; if the hearing body grants the request, it will schedule a date to continue the hearing or leave the record open for additional written evidence or testimony.

2.    Testimony - Presenting and receiving evidence.

a.    The hearing body may set reasonable time limits for oral presentations and may limit or exclude cumulative, repetitious, irrelevant, or personally derogatory testimony or evidence;

b.    No oral testimony shall be accepted after the close of the public hearing. Written testimony may be received after the close of the public hearing only as provided by this section; and

c.    The City may schedule a site visit for the hearings body to visit the property and the surrounding area. The hearings body may use information obtained during the site visit to support their decision, if the information relied upon is disclosed at the beginning of the hearing and an opportunity is provided to dispute the evidence.

d.    member of the hearings body may visit the property to familiarize him or herself with the site and surrounding area, but not to independently gather evidence. At the beginning of the hearing, the member shall disclose the circumstances of the site visit and shall allow all participants in the hearing to ask about the site visit.

3.    The record.

a.    The hearings body, in making its decision, shall consider only facts and arguments in the City’s land use file and the public hearing record and not testimony or evidence rejected by the presiding officer.

b.    The hearings body may take notice of facts not in the hearing record (e.g., local, state, or federal regulations; previous City decisions; case law; staff reports).

c.    Upon announcing its intention to take notice of such facts in its deliberations, the hearings body must allow persons who previously participated in the hearing, to request the hearing record be reopened, as necessary, to present evidence concerning the newly presented facts.

4.    Continuing the Public Hearing. If the hearings body decides to continue the hearing, the hearing shall be continued to a date, time, and place at least seven days after the date of the first evidentiary hearing. An opportunity shall be provided at the continued hearing for persons to present and respond to new written evidence and oral testimony. If new written evidence is submitted at the continued hearing, any person may request, before the conclusion of the continued hearing, that the record be left open for at least seven days, so that the person can submit additional written evidence or testimony in response to the new written evidence. In the interest of time, after the close of the hearing, the hearing body may limit additional testimony to arguments and not accept additional evidence.

5.    Leaving the Record Open for Submittal of Additional Testimony. If the hearings body leaves the record open for additional written evidence or testimony, the record shall be left open for at least seven days after the hearing. Any participant may ask the hearings body in writing for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed, the hearings body shall reopen the record.

a.    When the hearings body re-opens the record to admit new evidence or testimony, any person may raise new issues which relates to that new evidence or testimony;

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

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

E.    Ex Parte Contacts and Conflicts of Interest.

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

F.    The Decision Process.

1.    Basis for decision. Approval or denial of an appeal of a Type II Administrative decision or a decision on a Type III application shall be based on standards and criteria in this Code. A decision made on an appeal of a Floodplain Development Permit or determination made by the Floodplain Plain Administrator shall also be based on applicable criteria contained in Chapter 3, Section 3.7.130 and/or Chapter 5, Section 5.2.150.C.

2.    Findings and conclusions. Approval or denial shall be based upon the criteria and standards considered relevant to the decision. The City’s findings and conclusions shall explain the relevant criteria and standards, state the facts relied upon in rendering the decision, and justify the decision according to the criteria, standards, and facts;

3.    Form of decision. The City will issue a final written Notice of Decision including or referencing the findings and conclusions stated in subsection 2, which either approves, denies, or approves with specific conditions. The hearings body may also issue appropriate intermediate rulings when more than one permit or decision is required;

4.    Decision-making time limits. A final decision for any Type II Administrative Appeal or Type III action shall be made by the hearings body within ten business days after the close of the deliberation, unless the presiding officer extends the time period for making the decision.

G.    Notice of Decision. Written notice of a Type II Administrative Appeal decision or written notice of a Type III decision shall be mailed to the applicant and to all participants of record within ten (10) business days after the hearings body decision. Failure of any person to receive the mailed Notice of Decision shall not invalidate the decision, provided that a good faith attempt was made to mail the notice.

The Notice of Decision shall contain all of the following information:

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

2.    The address or other geographic description of the property

3.    A statement of where the City’s decision can be obtained;

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

5.    A statement that all persons entitled to notice may appeal the Planning Commission’s decision to City Council pursuant to Section 4.2.140.I, or may appeal the City Council’s decision to the state Land Use Board of Appeals, as applicable.

H.    Final Decision and Effective Date. The decision of the hearings body on any Type II appeal or any Type III application is final for purposes of appeal on the date the Notice of Decision is mailed by the City. The decision is effective on the day after the appeal period expires. If an appeal is filed, the decision becomes effective on the day after the appeal is decided by the City Council. The notification and hearings procedures for Type III applications on appeal to the City Council shall be the same as for the initial hearing.

I.    Appeal of a Planning Commission Decision. The Planning Commission’s decision may be appealed to the City Council as follows:

1.    Who may appeal. The following people have legal standing to appeal:

a.    The applicant or owner of the subject property; and

b.    Any other person who testified orally or in writing during the subject public hearing before the close of the public record.

2.    Appeal filing procedure.

a.    Notice of appeal. Any person with standing to appeal, as provided in subsection 1, above, may appeal a Type III Quasi-Judicial Decision by filing a Notice of Appeal according to the following procedures.

b.    Time for filing. A Notice of Appeal shall be filed with the City within 14 days of the date the Notice of Decision is mailed.

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

(1)    An identification of the decision being appealed, including the date of the decision;

(2)    A statement demonstrating the person filing the Notice of Appeal has standing to appeal;

(3)    A statement explaining the specific issues being raised on appeal; and

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

3.    Scope of appeal. The appeal of a Type III Quasi-Judicial Decision shall be a hearing de novo before the City Council. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Quasi-Judicial Decision but may include other relevant evidence and arguments. The City Council may allow additional evidence, testimony, or argument concerning any applicable standard, criterion, condition, or issue.

The Type IV procedure applies to the creation or revision of public policy. Type IV applications include amendments to the Halsey Comprehensive Plan, the Halsey Development Code, land use regulations, public facility plans and similar documents.

A.    Pre-Application conference. A pre-application conference is required for all Type IV applications. The requirements and procedures for a pre-application conference are described in Section 4.2.160.C.

B.    Application requirements.

1.    Application forms. Type IV applications shall be made on forms provided by the City.

2.    Submittal Information. The application shall contain the following:

a.    The information requested on the application form;

b.    A map and/or plan addressing the appropriate criteria and standards in sufficient detail for review and decision (as applicable);

c.    A letter or narrative statement that explains how the application satisfies each and all of the relevant approval criteria and standards, and

d.    The required fee.

C.    Notice of Hearing.

1.    Required hearings. A minimum of two hearings, one before the Planning Commission and one before the City Council, are required for all Type IV applications. The hearings may be consolidated at the discretion of the City.

2.    Notification requirements. Notice of public hearings for the request shall be given by City staff in the following manner:

a.    The Department of Land Conservation and Development (DLCD) shall be notified in writing or electronically via PAPA on-line of a proposed Type IV application at least 35 days before the first public hearing at which public testimony or new evidence will be received.

b.    At least 20 days, but not more than 40 days, before the date of the first hearing on a Type IV proposal, a notice shall be prepared in conformance with ORS 227.175 and mailed to:

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

(2)    Any affected governmental agency;

(3)    Any person who requests notice in writing; and

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

c.    At least 14 days before the scheduled Planning Commission public hearing date, and 14 days before the City Council hearing date, notice shall be published on the city website or in a newspaper of general circulation in the City.²

d.    For each mailing and publication, the City staff shall keep an affidavit of mailing/publication in the administrative record.

3.    Content of notices. The mailed and published notices shall include the following information:

a.    The nature of the application and a summary of the proposal.

b.    A description of property affected and/or persons who may be affected by the proposal.

c.    A statement stating that copies of the proposal may be obtained at City Hall and/or on the city website, including the name and contact information for a city official who can provided additional information on the proposal.

d.    The time(s), place(s), and date(s) of the public hearing(s); a statement that public oral or written testimony is invited; and a statement that the hearing will be held under rules of procedure adopted by the City Council.

D.    Hearing Process and Procedure.

Hearings on legislative proposals are conducted in accordance with the following rules of procedure or other rules of procedure adopted by the City Council for legislative proposals.

1.    Public Hearing Rules of Procedure.     Unless otherwise provided in the rules of procedure adopted by the City Council:

a.    The Chair of the Planning Commission or Mayor serve as presiding officer. The presiding officer shall have the authority to:

(1)    Regulate the course, sequence, and decorum of the hearing;

(2)    Direct procedural requirements or similar matters; and

(3)    Impose reasonable time limits for oral presentations.

b.    No person shall address the Commission or the Council without:

(1)    Receiving recognition from the presiding officer; and

(2)    Stating their full name and residence address.

c.    Disruptive conduct such as applause, cheering, or display of signs shall be cause for expulsion of a person or persons from the hearing, termination or continuation of the hearing, or other appropriate action determined by the presiding officer.

2.    The presiding officer shall conduct the hearing as follows:

a.    The presiding officer shall begin the hearing with a statement of the nature of the matter before the body, a general summary of the procedures, a summary of the standards for decision-making, and whether the decision which will be made is a recommendation to the City Council or the final decision of the Council;

b.    The staff report shall be presented;

c.    The applicant shall present the proposal;

c.    The public shall be invited to testify;

d.    The public hearing may be continued to allow additional testimony or it may be closed; and

e.    The body’s deliberation may include questions to the staff, comments from the staff, and inquiries directed to any person present.

E.    Continuation of the Public Hearing. The Planning Commission or the City Council may continue any hearing, and no additional notice of hearing shall be required if the matter is continued to a specified place, date, and time.

F.    Approval Process and Authority.

1.    The Planning Commission shall make a recommendation to the City Council to approve, approve with modifications, approve with conditions, deny the proposed change, or adopt an alternative.

2.    The City Council will consider the recommendation of the Planning Commission. The City Council may approve, approve with modifications, approve with conditions, deny, or adopt an alternative to an application for legislative change, or remand the application to the Planning Commission for rehearing and reconsideration on all or part of the application;

If the City Council approves the proposal, the City Council will direct the City Administrator to prepare an ordinance. The City Council decision is not final until an ordinance is enacted.

G.    Notice of Decision. Notice of a Type IV decision shall be mailed to the applicant, all participants of record, and the Department of Land Conservation and Development, within twenty business days after the City Council adopts an ordinance. The City shall also provide notice to all persons as required by other applicable laws.

H.    Final Decision and Effective Date. A Type IV legislative decision, if approved, shall take effect and shall become final as specified in the enacting ordinance, or if not approved, upon mailing of the notice of decision to the applicant.

A.    120-day Rule. The City shall take final action on permit applications which are subject to this Chapter, including resolution of all appeals, within 120 days from the date the application is deemed as complete, unless the applicant requests an extension in writing. Any exceptions to this rule shall conform to the provisions of ORS 227.178. [Note: The 120-day rule does not apply to Type IV Legislative land use decisions.].

B.    Time Computation. In computing any period of time prescribed or allowed by this Chapter, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or legal holiday, in which event, the period runs until the end of the next business day.

C.    Pre-application Conferences.

1.    Participants. When a pre-application conference is required, the applicant shall meet with the City Planner or his/her designee(s);

2.    Information provided. At such conference, the City Planner shall:

a.    Cite the comprehensive plan policies and map designations applicable to the proposal;

b.    Cite the ordinance provisions, including substantive and procedural requirements applicable to the proposal;

c.    Provide available technical data and assistance which will aid the applicant;

d.    Identify other governmental policies and regulations that relate to the application; and

e.    Reasonably identify other opportunities or constraints concerning the application.

3.    Disclaimer. Failure of the City Planner or his/her designee to provide any of the information required by this Section shall not constitute a waiver of any of the standards, criteria or requirements for the application;

4.    Changes in the law. Due to possible changes in federal, state, regional, and local law, the applicant is responsible for ensuring that the application complies with all applicable laws on the day the application is deemed complete.

D.    Applications.

1.    Initiation of applications:

a.    Applications for approval under this Chapter may be initiated by:

(1)    Order of City Council;

(2)    Resolution of the Planning Commission;

(3)    The City Planner;

(4)    A record owner of property (person(s) whose name is on the most recently-recorded deed), or contract purchaser with written permission from the record owner.

b.    Any person authorized to submit an application for approval may be represented by an agent authorized in writing to make the application on their behalf.

2.    Consolidation of proceedings. When an applicant applies for more than one type of land use or development permit (e.g., Type II and III) for the same one or more parcels of land, the proceedings shall be consolidated for review and decision.

a.    If more than one approval authority would be required to decide on the applications if submitted separately, then the decision shall be made by the approval authority having original jurisdiction over one of the applications in the following order of preference: the Council, the Planning Commission, or the City Planner.

b.    When proceedings are consolidated:

(1)    The notice shall identify each application to be decided;

(2)    The decision on a plan map amendment shall precede the decision on a proposed zone change and other decisions on a proposed development. Similarly, the decision on a zone map amendment shall precede the decision on a proposed development and other actions; and

(3)    Separate findings and decisions shall be made on each application.

3.    Check for acceptance and completeness. In reviewing an application for completeness, the following procedure shall be used:

a.    Acceptance. When an application is received by the City, the City Planner shall immediately determine whether the following essential items are present. If the following items are not present, the application shall not be accepted and shall be immediately returned to the applicant;

(1)    The required form;

(2)    The required fee;

(3)    The signature of the applicant on the required form and signed written authorization of the property owner of record if the applicant is not the owner.

b.    Completeness.

(1)    Review and notification. After the application is accepted, the City Planner shall review the application for completeness. If the application is incomplete, the City Planner shall notify the applicant in writing of exactly what information is missing within 30 days of receipt of the application and allow the applicant 180 days to submit the missing information;

(2)    When application deemed complete for review. In accordance with the application submittal requirements of this Chapter, the application shall be deemed complete upon the receipt by the City Planner of all required information. The applicant shall have the option of withdrawing the application or refusing to submit information requested by the City Planner in (1), above. For the refusal to be valid, the refusal shall be made in writing and received by the City Planner no later than 14 days after the date on the City Planner’s letter of incompleteness. If the applicant refuses in writing to submit the missing information, the application shall be deemed complete on 31st day after the City Planner first accepted it.

(3)    Standards and criteria that apply to the application. Approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first accepted.

4.    Changes or additions to the application during the review period. Once an application is deemed complete:

a.    All documents and other evidence relied upon by the applicant shall be submitted to the City Planner at least seven days before the notice of action or hearing is mailed, if possible. Documents or other evidence submitted after that date shall be received by the City Planner and transmitted to the hearings body, but may be too late to include with the staff report and evaluation;

b.    When documents or other evidence are submitted by the applicant during the review period, but after the application is deemed complete, the Planner or hearings body shall determine whether or not the new documents or other evidence submitted by the applicant significantly change the application;

c.    If the Planner or hearings body determines that the new documents or other evidence significantly change the application, the Planner shall include a written determination that a significant change in the application has occurred as part of the decision. In the alternate, the Planner may inform the applicant either in writing, or orally at a public hearing, that such changes may constitute a significant change (see “d”, below), and allow the applicant to withdraw the new materials submitted, in order to avoid a determination of significant change;

d.    If the applicant’s new materials are determined to constitute a significant change in an application that was previously deemed complete, the City shall take one of the following actions, at the choice of the applicant:

(1)    Continue to process the existing application and allow the applicant to submit a new second application with the proposed significant changes. Both the old and the new applications will proceed, but each will be deemed complete on different dates and may therefore be subject to different criteria and standards and different decision dates;

(2)    Suspend the existing application and allow the applicant to submit a new application with the proposed significant changes. Before the existing application can be suspended, the applicant must consent in writing to waive the 120-day rule (Section A., above) on the existing application. If the applicant does not consent, the City shall not select this option;

(3)    Reject the new documents or other evidence that has been determined to constitute a significant change and continue to process the existing application without considering the materials that would constitute a significant change. The City will complete its decision-making process without considering the new evidence;

e.    If a new application is submitted by the applicant, that application shall be subject to a separate check for acceptance and completeness and will be subject to the standards and criteria in effect at the time the new application is accepted.

E.    City Administrator and City Planner’s Duties.

The City Administrator and/or City Planner will:

1.    Answer questions from the public regarding the City’s land use regulations;

2.    Prepare application forms based on the provisions of this Code and applicable state law;

3.    Prepare required notices;

4.    Prepare required staff reports that summarize the application(s) and applicable decision criteria and provides findings of conformance and/or non-conformance with the criteria. The staff report should provide a recommended decision of: approval; denial; or approval with specific conditions that ensure conformance with the approval criteria;

5.    Assist the Planning Commission and City Council in administering the hearings process and making land use decisions;

6.    Prepare notices of final decisions; and

7.    File notice of the final decision in the City’s records and mail a copy of the notice of the final decision to all parties entitled to notice; and

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

F.    Re-submittal of Application Following Denial. An application which has been denied, or an application which was denied and which on appeal or review has not been reversed by a higher authority, including the Land Use Board of Appeals, the Land Conservation and Development Commission or the courts, may not be resubmitted as the same or a substantially similar proposal for the same land for a period of at least 12 months from the date the final City action is made denying the application, unless there is substantial change in the facts or a change in City policy which would change the outcome, as determined by the City Planner.

A.    Expedited Land Divisions. An Expedited Land Division (“ELD”) shall be defined and may be used as in ORS 197.360 which is expressly adopted and incorporated by reference here.

1.    Selection. An applicant who wishes to use an ELD procedure for a partition, subdivision or planned development instead of the regular procedure type assigned to it, must request the use of the ELD in writing at the time the application is filed, or forfeit his/her right to use it;

2.    Review procedure. An ELD shall be reviewed in accordance with the procedures in ORS 197.365;

3.    Appeal procedure. An appeal of an ELD shall be in accordance with the procedures in ORS 197.375.

    A zone change application to change the zone for a specific property(ies) is a quasi-judicial decision. For a quasi-judicial zone change, a Type III decision requires public hearings before the Planning Commission and the City Council. A final decision is made by the City Council, after receiving a recommendation from the Planning Commission.

    If a joint hearing is held by the Planning Commission and City Council, then the public hearing notice shall be provided at least 20 days prior to the initial public hearing.

The purpose of this Chapter is to:

A.    Provide regulations and standards for the review of development proposals on an individual parcel or development site.

B.    Implement the goals and policies of the Halsey Comprehensive Plan and this Code through the efficient and effective review of site development proposals;

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

D.    Provide adequate light and air, prevent overcrowding of land, and facilitate adequate transportation, water supply, sewage disposal, surface water management, fire protection and protection against natural hazards

E.    Encourage efficient use of land resources, full utilization of urban services, mixed uses, pedestrian safety, and detailed, human-scaled design.

Either a Development Review or Site Design Review is required for all new development and modifications of existing developments, except that regular maintenance, repair and replacement of materials (e.g., roof, siding, awnings, etc.), parking resurfacing, and similar maintenance and repair shall be exempt.

A.    Development Review. Development Review is a non-discretionary administrative review conducted by the City Planner without a public hearing. (See Chapter 4.2 for review procedure.) It is for less complex developments and land uses that do not require site design review approval. Development Review is based on clear and objective standards and ensures compliance with the basic development standards of the land use district, such as building setbacks, lot coverage, maximum building height, and similar provisions of Chapter 2.

Type I Review: A Type I Development Review procedure is required for the following developments:

1.    Single-family detached dwelling (including manufactured homes);

2.    Accessory dwelling;

3.    A single duplex, up to two single family attached (town home) units;

4.    A single triplex which is not being reviewed as part of any other development;

5.    Any building, development or land use that is part of an approved Site Design Review or Conditional Use Permit.

6.    Minor modification for a building, development or land use that is part of an approved Site Design Review or Conditional Use Permit. See Chapter 4.6 – Modifications to Approved Plans and Conditions of Approval.¹

7.    Home occupation, subject to review under Chapter 4.9;

8.    Temporary use, except that temporary uses shall comply with the procedures and standards for temporary uses as contained in Chapter 4.9;

9.    Accessory structures with less than 1,000 square feet of floor area.

10.    Change in occupancy from one type of land use to a different land use, if the change in use does not modify driveway/vehicular access to parking areas and the change in use will result in an increase of no more than 20% in the number of required parking spaces.

11.    Any other development review, when required by a condition of approval.

Type II Review: A Type II Development Review by the City Planner is required for the following developments:

12.    A new non-residential site development on a parcel 10,000 square feet in size or smaller and where the total building footprint is less than 2,500 square feet in size.

13.    Any non-residential building addition on a parcel 10,000 square feet in size or smaller and, where the total building footprint, including the addition, is less than 2,500 square feet.

B.    Site Design Review. Site Design Review is a discretionary review conducted by the Planning Commission. Site Design Review ensures compliance with the basic development standards of the land use district (e.g., building setbacks, lot coverage, maximum building height), as well as the more detailed design standards in Chapter 2 and the public improvement requirements in Chapter 3.

Site Design Review is required for all developments in the City, except those specifically listed under Section 4.3.110.A --Development Review) above.

All of the following information is required for a Development Review application submittal:

A.    General Submission Requirements. The applicant shall submit an application containing all of the general information required by Section 4.2.120 or Section 4.2.130 (Type I or Type II application).

B.    Development Review Information. An application for Development Review will also require submittal of a site plan, utility plan and building plans. The City may also require submittal of additional information to demonstrate compliance with applicable code requirements. Supplemental information may include any of the information listed in Section 4.3.140.B, as deemed applicable by the City Planner.

Development Review shall be conducted only for the developments listed in Section 4.3.110.B, above, and it shall be conducted as a Type I or Type II procedure, as described in Chapter 4.2, Section 4.2.120 or Section 4.2.130. Prior to issuance of building permits, the following standards shall be met:

A.    The proposed land use is permitted by the underlying land use district (Chapter 2);

B.    The land use, building/yard setback, lot area, lot dimension, density, lot coverage, building height and other applicable standards of the underlying land use district and any subdistrict(s) are met (Chapter 2);

C.    All applicable building and fire code standards are met;

D.    All required landscaping, vehicle parking, public facilities and design standards are met (Chapter 3);

E.    The approval shall lapse, and a new application shall be required, if a building permit has not been issued within one year of Development Review approval, or if development of the site is in violation of the approved plan or other applicable codes.

Site Design Review shall be conducted as a Type III procedure using the procedures in Chapter 4.2 and using the approval criteria contained in Section 4.3.150. If an applicant files a concurrent land use application (e.g. comprehensive plan amendment, zone change, conditional use permit, variance or land division application), then the Site Design Review shall be processed concurrently with the other application(s).

All of the following information is required for Site Design Review application submittal:

A.    General Submission Requirements. The applicant shall submit an application containing all of the general information required by Section 4.2.140 (Type III application).

B.    Site Design Review Information. An application for site design review shall include the following information, as deemed applicable by the City Planner:

1.    Site analysis map. At a minimum the site map shall contain the following:

a.    The applicant’s entire property and the surrounding property to a distance sufficient to determine the location of the development in the City, and the relationship between the proposed development site and adjacent property and development. The property boundaries, dimensions and gross area shall be identified;

b.    Any changes in topography on the site;

c.    Identification of slopes greater than 10 percent;

d.    The location and width of all public and private streets, drives, sidewalks, pathways, rights- of-way, and easements on the site and adjoining the site(s);

e.    Natural resource features, including any flood plain, wetland, stream, water course, habitat areas or natural site feature;

f.    Site features, including existing structures, pavement, areas having unique views, and drainage ways, canals and ditches;

g.    Locally or federally designated historic and cultural resources on the site and adjacent parcels or lots;

h.    The location, size, and species of trees having a caliper (diameter) of 8 inches or greater at four feet above grade;

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

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

k.    Other information, as determined by the City Planner. The City may require studies or exhibits prepared by qualified professionals to address specific site features.

2.    Proposed site plan. The site plan may be combined with the site analysis map if it is clear what is existing and what is proposed. The site plan shall contain the following information, if applicable:

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

b.    Features identified on the existing site analysis map that are proposed to remain on the site.

c.    Features identified on the existing site map, if any, which are proposed to be removed or modified by the development;

d.    The location and dimensions of all proposed public and private streets, drives, rights-of-way, and easements;

e.    The location and dimensions of all existing and proposed structures, utilities, pavement and other improvements on the site. Setback dimensions for all existing and proposed buildings shall be provided on the site plan;

f.    The location and dimensions of entrances and exits to the site for vehicular, pedestrian, and bicycle access, as applicable;

g.    The location and dimensions of all parking and vehicle circulation areas (show striping for parking stalls and wheel stops, as applicable);

h.    Pedestrian and bicycle circulation areas, including sidewalks, internal pathways, pathway connections to adjacent properties, and any bicycle lanes or trails;

i.    Loading and service areas for waste disposal, loading and delivery;

j.    Outdoor recreation spaces, common areas, plazas, outdoor seating, street furniture, and similar improvements, as applicable;

k.    Location, type, and height of outdoor lighting;

l.    Location of mail boxes, if known;

m.    Name and address of project designer, if applicable.

n.    Locations, sizes, and types of signs.

o.    Other information, determined by the City Planner. The City may require studies or exhibits prepared by qualified professionals to address factors specific to the proposal (e.g., traffic, noise, environmental features, natural hazards, etc.), in conformance with this Code.

3.    Architectural drawings. Architectural drawings shall be submitted showing:

a.    Building elevations (as determined by the City Planner with building height and width dimensions;

b.    Building materials, color and type.

c.    The name and contact information of the architect, designer and/or builder.

4.    Preliminary grading plan. A preliminary grading plan prepared by a registered engineer shall be required for developments which would result in the grading (cut or fill) of 500 cubic yards or greater, or as otherwise required by the City. The preliminary grading plan shall show the location and extent to which grading will take place, indicating general changes to slopes, soil stabilization proposals, and location and height of retaining walls, if proposed. Surface water detention and treatment plans may also be required, in accordance with Chapter 3.5 – Public Facilities Standards.

5.    Landscape plan. A landscape plan is required and may be combined with the site plan if the features are still clear. The landscape plan shall show the following:

a.    The location and height of existing and proposed fences and other buffering or screening materials;

b.    The location of existing and proposed terraces, retaining walls, decks, patios, shelters, and play areas;

c.    The location, size, and species of the existing and proposed plant materials (at time of planting);

d.    Existing and proposed building and pavement outlines;

e.    Specifications for soil at time of planting, irrigation if plantings are not drought-tolerant (may be automatic or other approved method of irrigation) and anticipated planting schedule.

f.    Other information as deemed appropriate by the City Planner. An arborist’s report may be required for sites with mature trees that are protected under provisions of Chapter 3.3 – Landscaping.

6.    Signs. Detailed plans for proposed signs showing the type, size and location of the signs in conformance with the provisions in Chapter 3.6, Section 3.6.100 – Sign Code.

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

8.    Narrative. Letter or narrative report documenting compliance with the applicable approval criteria in Section. 4.3.150.

9.    Traffic Impact Analysis. Copy of a Traffic Impact Analysis (TIA), when a TIA is required by ODOT, Linn County Roads or the City. See Chapter 3.2, Section 3.2.120.

10.    Floodplain Development Permit Application for sites containing Areas of Special Flood Hazard. A Site Development Review application must also include a Floodplain Development Permit application if the site is located within the Special Flood Hazard Area (100-year flood plain).

If a Floodplain Development Permit is required, the application shall include the following additional information:

a.    Delineation of Areas of Special Flood Hazard, floodway boundaries, and Base Flood Elevations, or flood depth in AO zones, where available;

b.    For all proposed structures, elevation in relation to the highest adjacent grade and the Base Flood Elevation, or flood depth in AO zones, of the:

(1)    lowest enclosed area, including crawlspace or basement floor;

(2)    top of the proposed garage slab, if any, and;

(3)    the next highest floor.

c.    Locations and sizes of all flood openings in any proposed structures;

d.    Elevation to which any non-residential structure will be flood-proofed;

e.    Elevation Certificate:     Certification from a registered professional engineer or architect that any proposed new residential structure, substantial improvements and/or non-residential flood-proofed structure will meet the flood-proofing criteria of the National Flood Insurance Program and Building Codes.

(1)    Application Stage: An elevation certificate (based on construction drawings) from a registered professional engineer or architect.

(2)    Construction Stage: An elevation certificate (building under construction) with certification of the floor elevation or flood-proofing level immediately after the lowest floor or flood-proofing is placed and prior to further vertical construction. See Section 4.3.160.

(3)    Certificate of Occupancy. An elevation certificate (finished construction) prior to issuance of a certificate of occupancy. See Section 4.3.160.

f.    Determination of Unmapped 100-year Floodplain Information. The following shall be included with applications involving properties for which any of the items listed below have not been mapped consistent with Section 3.7.110.A and contain or are suspected to contain a portion of the 100-year Floodplain. Provision of this information is the responsibility of the applicant.

(1)    The boundary of the 100-year Floodway Fringe;

(2)    The boundary of the 1.0-ft. Floodway;

(3)    A determination of the corresponding Area(s) of Special Flood Hazard (e.g., ‘A1-30’, ‘AE’, ‘AH’, approximate ‘A’, and ‘AO’), as applicable; and

(4)    The Base Flood Elevation for zones ‘A1-30’, ‘AE’, ‘AH’, and approximate ‘A’, or flood depth for zone ‘AO’, as applicable.

g.    All necessary permits from those governmental agencies from which approval is required by federal or state law, including, but not limited to, Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334, 16 U.S.C. 1531-1544, and State of Oregon Removal-Fill permits, as amended, shall be obtained, or obtaining such permits shall be a Condition of Approval to be satisfied prior to issuance of any construction permit.

h.    Provisions for New Technical Data When CLOMR/LOMR. Exceptional circumstances directly related to the construction of public infrastructure may necessitate an increase in the Base Flood Elevation within the 1.0-ft. Floodway and/or Floodway Fringe. The Floodplain Administrator shall be responsible for determining whether exceptional circumstances exist. If such exceptional circumstances are found to exist, an application for a Floodplain Development Permit shall include the application materials required in Section 4.2.140.B and the following information:

(1)    It is the responsibility of the applicant to have technical data prepared in a format required for a Conditional Letter of Map Revision (CLOMR) or Letter of Map Revision (LOMR) and to submit such data to FEMA on the appropriate application forms. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.

(2)    Applicants shall be responsible for all costs associated with obtaining a CLOMR or LOMR from FEMA. The City of Halsey shall be under no obligation to sign the Community Acknowledgement Form, which is part of the CLOMR/LOMR application.

(3)    Applicants shall obtain FEMA approval for the CLOMR or LOMR and include the written documentation of the approval to the Floodplain Administrator.

(4)    Within six months of project completion, an applicant who obtains an approved CLOMR from FEMA, or whose development modifies Floodplain boundaries or Base Flood Elevations shall obtain from FEMA a LOMR reflecting the as-built changes to the FIRM.

i.    Description of the extent to which any watercourse will be altered or relocated as a result of a proposed development;

j.    Substantial Damage and Substantial Improvement Determination. For Floodplain Development Permit applications submitted to improve existing buildings and structures, including additions, repairs, renovations, and alterations, the Floodplain Administrator, shall:

(1)    Require the applicant to obtain a professional appraisal of the market value of the building or structure before the proposed work is performed; when repair of damage is proposed, the market value of the building or structure shall be the market value before the damage occurred.

(2)    Compare the cost of improvement, the cost to repair the damaged building to its pre- damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure.

(a)    Except as indicated in subsections (b) through (d), below, all costs to repair substantial damage, including emergency repairs, including the costs of complying with any county, state, or federal regulation other must be included.

(b)    The costs associated with the correction of pre-existing violations of state or local health, sanitary, or safety code specifications that were identified by the building official, the director of environmental health, or any other local code enforcement official prior to the improvement or repair and that are the minimum necessary to ensure safe living conditions shall not be included.

(c)    Costs associated with the following items are not included:

(i)    The preparation and approval of all required plans, calculations, certifications, and specifications;

(ii)    The performance of surveys or other geotechnical or engineering studies and resulting reports;

(iii)    Permit and review fees, and;

(iv)    The construction, demolition, repair, or modification of outdoor improvements, including landscaping, fences, swimming pools, detached garages and sheds, etc.;

(d)    Proposed alterations of a designated historic building or structure are not to be considered Substantial Improvement unless the alteration causes a loss of said designation.

(3)    The Floodplain Administrator shall make the final determination of whether the proposed improvement and/or repair constitutes Substantial Improvement or Substantial Damage.

(4)    The Floodplain Administrator shall notify the applicant of the results of the determination by letter.

(5)    Applicant has the right to appeal the determination pursuant to Section 4.2.130.F.

The review authority shall make written findings with respect to all of the following criteria when approving, approving with conditions, or denying an application:

A.    The application is complete, as determined in accordance with Chapter 4.2 - Types of Applications and Review Procedures and Section 4.3.140, above.

B.    The application complies with the all of the applicable provisions of the underlying Land Use District (Chapter 2), including: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other special standards as may be required for certain land uses;

C.    The applicant shall be required to upgrade any existing development that does not comply with the applicable land use district standards, in conformance with Chapter 5.3, Non-Conforming Uses and Development;

D.    The application complies with the Design Standards contained in Chapter 3. All of the following applicable standards shall be met:

1.    Chapter 3.2 - Access and Circulation;

2.    Chapter 3.3 - Landscaping, Significant Vegetation, Street Trees, Fences and Walls;

3.    Chapter 3.4 - Vehicle and Bicycle Parking;

4.    Chapter 3.5 - Public Facilities;

5.    Chapter 3.6 - Other Standards (Telecommunications Facilities, Signs, Sensitive Lands, Historic Properties), as applicable; and

6.    Chapter 3.7 - Floodplain Standards

E.    The proposal complies with all conditions required as part of a Land Division (Chapter 4.4), Conditional Use Permit (Chapter 4.5), or other approval shall be met.

F.    Exceptions to criteria in Section 4.3.150.D.1 to D.6 above may be granted only when approved as a variance (Chapter 5.2).

The following Conditions of Approval are mandatory and shall be imposed on every Floodplain Development Permit.

A.    Required As-built Certification During Construction. For all new construction and substantial improvements, the permit holder shall provide to the Floodplain Administrator an as-built certification of the floor elevation or flood-proofing level immediately after the lowest floor or flood-proofing is placed and prior to further vertical construction. Any deficiencies identified by the Floodplain Administrator shall be corrected by the permit holder immediately and prior to work proceeding. Failure to submit certification or failure to make the corrections shall be cause for the Floodplain Administrator to issue a stop-work order for the project.

B.    Documentation Required Prior to Issuance of Certificate of Occupancy. In addition to the requirements of the Building Codes pertaining to certificate of occupancy, prior to the final inspection the owner or authorized agent shall submit the following documentation that has been prepared and sealed by a registered surveyor or engineer. Failure to submit certification or failure to correct violations shall be cause for the Floodplain Administrator to withhold a certificate of occupancy until such deficiencies are corrected.

1.    For elevated buildings and structures in non-coastal Areas of Special Flood Hazard (A zones), the as-built elevation of the lowest floor, including basement or where no Base Flood Elevation is available the height above highest adjacent grade of the lowest floor; and,

2.    For buildings and structures that have been flood proofed, the elevation to which the building or structure was flood proofed.

C.    Stream Habitat Restoration Monitoring. A Floodplain Development Permit approval granted consistent with Section 3.7.130.B.4 shall be conditioned to monitor the project, correct problems, and ensure that flood carrying capacity remains unchanged, as required by Section 3.7.130.B.4.d.

A.    Performance Bonds for Public Improvements. On all projects where public improvements are required, the City shall require a performance or other adequate assurances as a condition of site development approval in order to guarantee the completion of the required public improvements. The assurances shall comply with the performance bond and warranty provisions in Chapter 3.5, Section 3.5.10.

B.    Completion of Landscape Installation. Landscaping shall be installed prior to issuance of occupancy permits. The City may require the applicant to provide the City a bond or other financial security equal to the cost of the landscaping as determined by City staff or a qualified landscape architect assuring such installation within six months after occupancy. If the installation of the landscaping is not completed within the six-month period, the security may be used by the City to complete the installation.

Development shall not commence until the applicant has received all of the applicable land use and development approvals (i.e., development review or site design review approval) and building permits.

Construction of public improvements shall not commence until the City has approved all required public improvement plans (e.g., utilities, streets, public land dedication, etc.). The City may require the applicant to enter into a development agreement (e.g., for phased developments and developments with required off-site public improvements), and may require bonding or other assurances for improvements, in accordance with Section 4.3.170.

Development Review and Site Design Review approvals shall be subject to all of the following standards and limitations:

A.    Approval Period. Development Review and Site Design Review approvals shall be effective for a period of one year, or 180 days for a Floodplain Development Permit, from the date of approval. The approval shall lapse if:

1.    A building permit has not been submitted to the City within one-year of the Notice of Decision approving the project, or within 180 days and thereafter acted upon for a Floodplain Development Permit; or

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

B.    Extension. Upon written request of the applicant, the City Planner may grant an extension of the approval period not to exceed one year; provided that:

1.    No changes are made on the original approved site design review plan;

2.    The applicant can show intent of initiating construction on the site within the one-year extension period;

3.    There have been no changes to the applicable code provisions on which the approval was based. If there have been changes to the applicable code provisions and the expired plan does not comply with those changes, then the extension shall not be granted; in this case, a new development review or site design review shall be required; and

4.    The applicant demonstrates that failure to obtain building permits and substantially begin construction within one year of site design approval was beyond the applicant’s control.

C.    Modifications to Approved Plans and Developments.

1.    Minor modifications of an approved plan or existing development, as defined in Chapter 4.6, shall be processed as a Type I administrative review procedure.

2.    Major modifications to an approved plan or existing development, as defined in Chapter 4.6, shall be processed using the same procedure as the originals application (either Type II or III).

3.    If an applicant requests an extension or modification for project with an approved Flood Plain Development Permit, the proposal must comply Chapter 3.7 and the National Flood Insurance Program requirements that are in effect at the time of the request for extension or modification.

D.    Phased Development. Phasing of development may be approved with the Site Design Review application, subject to the following standards and procedures:

1.    A phasing plan shall be submitted with the Site Design Review application.

2.    The reviewing authority shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than 5 years without reapplying for site design review.

3.    Approval of a phased site design review proposal requires satisfaction of all of the following criteria:

a.    The public facilities required to serve each phase are constructed in conjunction with or prior to each phase;

b.    The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval. Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required public improvements, in accordance with Section 4.3.170. A temporary public facility is any facility not constructed to the applicable City or district standard, subject to review by the City Engineer;

c.    The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal; and

d.    An application for phasing may be approved after Site Design Review approval as a modification to the approved plan, in accordance with the procedures for minor modifications (Chapter 4.6).

    Note: A major modification to an approved Site Design Review permit or a Conditional Use Permit requires review and approval by the Planning Commission in accordance with Chapter 4.6.120 – Major Modifications to Approved Plans.

The purpose of this Chapter is to:

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

1.    A subdivision is the creation of four or more lots from one parent lot, parcel or tract, within one calendar year.

2.    A partition is the creation of three or fewer lots from one parent lot, parcel or tract within one calendar year.

3.    A property line adjustment is a modification to lot lines or parcel boundaries that does not result in the creation of new lots (includes consolidation of lots).

B.    Carry out the City’s development pattern, as envisioned by the Comprehensive Plan.

C.    Encourage efficient use of land resources, full utilization of urban services, and transportation options.

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

E.    Provide adequate light and air, prevent overcrowding of land, and facilitate adequate provision for transportation, water supply, sewage and surface water management, fire protection and protection against natural hazards.

A.    Subdivision and Partition Approval through Two-step Process. Applications for subdivision or partition approval shall be processed through a two-step process: the preliminary plat and the final plat.

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

2.    The final plat shall include all conditions of approval of the preliminary plat.

B.    Compliance with ORS Chapter 92. All subdivision and partition proposals shall be in conformance to state regulations set forth in Oregon Revised Statute (ORS) Chapter 92, Subdivisions and Partitions.

C.    Future Re-division Plan. When subdividing or partitioning tracts into large lots (i.e., greater than three times the minimum lot size allowed by the underlying land use district), the City shall require that the lots be of such size, shape, and orientation as to facilitate future re-division and extension of streets and utilities.

The applicant shall submit a future redivision plan, or shadow plan, indicating how re-division of oversized lots and extension of planned public facilities to adjacent parcels can occur in the future. A re-division plan (shadow plan) shall be submitted which identifies:

1.    Future lot division(s) in conformance with the density standards of Chapter 2;

2.    Location of a potential street right-of-way alignment(s) to serve future development of the property and connect to adjacent properties, including existing or planned rights-of-way.

3.    Location of proposed water, sewer and storm drainage facilities to serve the future lots.

D.    Adequate Utilities. All lots created through land division shall have adequate public facilities and private utilities such as streets, water, sewer, gas, and electrical systems, pursuant to Chapter 3.5– Public Faclities Standards.

E.    Adequate Drainage. All subdivision and partition proposals shall have adequate surface water drainage facilities that reduce exposure to flood damage and improve water quality. Water quality or quantity control improvements may be required, pursuant to Chapter 3.5 – Public Facilities Standards.

F.    Adequate Access. All lots created or reconfigured shall have adequate vehicle access and parking, as may be required, pursuant to Chapter 3.2 – Access and Circulation.

E.    Lot Size Averaging, Single family residential lot size may be averaged to allow lots less than the minimum lot size in the Residential district, as long as the average area for all lots is not less than allowed by the district. No lot created under this provision shall be less than 90% of the minimum lot size allowed in the underlying district. For example, if the minimum lot size is 10,000 square feet, the following three lots could be created: 9,000 square feet, 10,000 square feet, and 11,000 square feet.

A.    Review of Preliminary Plat.

1.    Partition – Type II Procedure. Review of a preliminary partition plat shall be processed by means of a Type II procedure pursuant to Section 4.2.130.

2.    Subdivision – Type III Procedure. Review of a preliminary subdivision plat shall be processed by means of a Type III procedure pursuant to Section 4.2.140.

B.    Review of Final Plat. Review of a final plat for a partition or subdivision shall be processed by means of a Type I procedure under Chapter 4.2, Section 4.2.120, using the approval criteria in Section 4.4.160.

C.    Preliminary Plat Approval Period. Preliminary plat approval shall be effective for a period of 2 years from the date of approval. The preliminary plat shall lapse if a final plat has not been submitted to the County Surveyor within a 2-year period.

D.    Modifications and Extensions. The applicant may request changes to the approved preliminary plat or conditions of approval following the procedures and criteria provided in Chapter 4.6 – Modifications to Approved Plans and Conditions of Approval. The City Planner shall, upon written request by the applicant and payment of the required fee, grant one extension of the approval period not to exceed one year; provided that:

1.    Any changes to the preliminary plat follow the procedures in Chapter 4.6;

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

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

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

5.    The extension request is made before expiration of the original approved plan.

E.    Phased Development.

1.    The City may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period (i.e., for required public improvements, utilities, streets) for any partition or subdivision phase be greater than 5 years without reapplying for a preliminary plat;

2.    The criteria for approving a phased land division proposal are:

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

b.    The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval. Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements, in accordance with Chapter 3.5 – Public Facilities Standards. A temporary public facility is any facility not constructed to the applicable City or district standard;

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

d.    The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat.

A.    General Submission Requirements.

1.    Partition Application. The application shall contain all the information required for a Type II procedure under Section 4.2.130, a preliminary partition plat map and the supplemental preliminary plat information required by Section 4.4.130.B.

2.    Subdivision Application. The applicant shall submit an application for a Type III procedure under Section 4.2.140, a preliminary subdivision plat, and the supplemental preliminary plat information required by Section 4.4.130.B.

3.    Public Facilities and Services Impact Study. The City may require the applicant to submit a public facilities and services impact study. The impact study shall quantify and assess the effect of the development on public facilities and services. The City shall advise as to the scope of the study, which shall address, at a minimum, the transportation system, including required improvements for vehicles and pedestrians; the drainage system; the parks system (for subdivisions and planned unit developments of 20 or more dwelling units); water system; and sewer system. For each system and type of impact, the study shall propose improvements necessary to meet City standards under adopted ordinances and facility master plans.

4.    Traffic Impact Analysis. The City, the Linn County Roads Department or the Oregon Department of Transportation may require the applicant to submit a Traffic Impact Analysis pursuant to Section 3.5.110.B.

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

1.    General information:

a.    Name of subdivision (not required for partitions). This name must not duplicate the name of another subdivision in Linn County (please check with County surveyor);

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

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

d.    A title block including the names, addresses and contact information for the applicant, owners of the subject property, designer, and engineer or surveyor if any, and the date of the survey; and

e.    Identification of the drawing as a ”preliminary plat”.

2.    Existing Conditions and Site Analysis: Except where the City Planner deems certain information is not needed or not relevant, applications for Preliminary Plat review shall contain all of the following information:

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

b.    Easements: Location, width and purpose of all existing easements of record on and abutting the site;

c.    Utilities: Location and identity of all utilities on and abutting the site. If water mains and sewers are not on or abutting the site, indicate the direction and distance to the nearest ones;

d.    Ground elevations shown by contour lines at two-foot vertical intervals. Ground elevations shall be related to an established bench mark or other datum approved by the County Surveyor. This requirement may be waived for partitions when grades, on average, are less than 5 percent;

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

f.    Potential natural hazard areas, including any flood plains, base flood elevation, areas subject to high water table, and areas having a high erosion potential;

g.    Sensitive lands, including wetland areas, streams, wildlife habitat, and other areas identified by the City or natural resource regulatory agencies as requiring protection.

h.    Site features, including existing structures, pavement, and drainage ways, canals and ditches;

i.    Designated historic and cultural resources on the site and adjacent parcels or lots;

j.    The location, size and species of trees having a caliper (diameter) of 8 inches or greater at four feet above grade in conformance with Chapter 3.3 - Landscaping;

k.    North arrow, scale, name and address of owner;

l.    Other information, as deemed appropriate by the City Planner. The City may require studies or exhibits prepared by qualified professionals to address specific site features and code requirements.

3.    Proposed Development and Improvements:

a.    Proposed lots and private tracts (e.g., private open space, common area, or street): approximate dimensions, area calculation (e.g., in square feet), and identification numbers for all lots and tracts;

b.    Existing and proposed public and private streets, tracts, driveways, open space/park land; location, names, right- of-way dimensions, approximate radius of street curves; and approximate finished street center line grades. All streets and tracts which are being held for private use and all reservations and restrictions relating to such private tracts shall be identified;

c.    Easements: location, width and purpose of all easements;

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

e.    Proposed public and private street improvements; including streets, sidewalks, street trees and private utilities;

f.    Proposed plan for water and sewer improvements including main extensions and services to each lot;

g.    Proposed plan for storm water management including storm drainage calculations, and planned storm sewer improvements, detention/retention drainage facilities, and storm water quality improvements for the site;

h.    The approximate location and identity of other utilities, including the locations of street lights;

i.    Proposed railroad crossing or modifications to an existing crossing, if any, and evidence of contact with Oregon Department of Transportation related to proposed railroad crossing(s);

j.    Evidence of contact with the Linn County Roads Department and/or the Oregon Department of Transportation (ODOT) for any development requiring access to a roadway under the jurisdiction of either Linn County or ODOT; and

k.    Evidence of contact with the applicable natural resource regulatory agency(ies) for any development within or adjacent to jurisdictional wetlands.

A.    General Approval Criteria. The City may approve, approve with conditions or deny a preliminary plat based on the following approval criteria:

1.    The proposed preliminary plat complies with the applicable sections of this Code and other applicable ordinances and regulations, including but not limited to,

a.    Chapter 2.0 (Land Use Districts)

b.    Chapter 3.0 (Design Standards)

c.    Chapter 4.0 (Application and Review Procedures), including Chapter 4.4. Land Divisions.

d.    Chapter 5.0 (Exceptions), if any variances are required for the proposal.

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

3.    The proposed public improvements (transportation, water, sewer and surface water management facilities, public parks and open spaces, and private utilities) are laid out so as to conform or transition to the plats of subdivisions and maps of major partitions already approved for adjoining property as to width, general direction and in all other respects. All proposed public improvements and dedications are identified on the preliminary plat; and

4.    All proposed private common areas and improvements, if any, are identified on the preliminary plat and maintenance of such areas is assured through an appropriate legal instrument, (e.g., home owner association or other legal entity).

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

6.    Evidence that improvements or conditions required by the City, Linn County, Linn County Roads Department, ODOT, special districts, utilities, and/or other service providers, as applicable to the project, have been or can be met.

D.    Conditions of Approval. The City may attach such conditions as are necessary to carry out provisions of this Code, and other applicable ordinances and regulations.

Variances to land division standards shall be processed in accordance with Chapter 5.2 - Variances. Applications for variances shall be submitted at the same time an application for land division or property line adjustment is submitted.

Final plats shall be reviewed and approved by the City prior to recording with Linn County.

A.    Submission Requirements. The applicant shall submit the final plat within 2 years of the approval of the preliminary plat as provided by Section 4.4.120. The format of the plat shall comply with ORS Chapter 92 requirements.

B.    Approval Criteria. By means of a Type I procedure, the City Planner shall review the final plat and shall approve or deny the final plat based on findings regarding compliance or non-compliance with the following criteria:

1.    The final plat is consistent with the approved preliminary plat (e.g. number of lots, easements, and dedication areas, etc.), and all conditions of approval have been satisfied;

2.    All public improvements required by the preliminary plat have been installed and approved by the City or applicable service provider, if different from the City (e.g. ODOT, Linn County Roads or other agency), or the public improvements are bonded in conformance with the performance guarantee requirements in Chapter 3.5, Section 3.5.190.

3.    The streets and roads for public use are dedicated without reservation or restriction other than revisionary rights upon vacation of any such street or road and easements for public utilities;

4.    All required streets, access ways, roads, easements and other dedications or reservation are shown on the plat;

5.    The plat contains a dedication to the public of all public improvements, including but not limited to streets, public pathways and trails, access reserve strips, parks, sewage disposal, storm drainage and water supply systems;

6.    Verification by the City that water and sanitary sewer service is available to every lot depicted on the plat or are bonded in conformance with the performance guarantee requirements in Chapter 3.5, Section 3.5.190.

7.    If required by the City, the applicant has provided, and the City has reviewed and approved copies of Covenants, Conditions, and Restrictions (CC&R’s); homeowner’s association agreements, deed restrictions, private easements (e.g., for access, common areas, parking, etc.); and other documents to be recorded pertaining to common improvements referenced on the plat;

8.    The plat complies with the applicable sections of this Code (i.e., there have been no changes in land use or development resulting in a code violation since preliminary plat approval);

9.    The plat contains an affidavit by the surveyor who surveyed the land, represented on the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by ORS Chapter 92, indicating the initial point of the survey, and giving the dimensions and kind of such monument, and its reference to some corner approved by the Linn County Surveyor for purposes of identifying its location.

10.    The plat contains a signature block for the City Administrator or Planning Commission chair.

11.    If the plat includes the dedication of land to the City for public use, then the plat will contain a signature block for the Mayor verifying the acceptance of the public dedication by the City as required by ORS 92.014.

A new lot is not a legal lot for purposes of ownership (title), sale, lease, or development/land use until a final plat is recorded for the subdivision or partition containing the lot is recorded. Requests to validate an existing lot created through means other than a final plat (“lot of record”) shall follow the procedures set forth in ORS 92.010 to 92.190.

The final plat filing and recording requirements are as follows:

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

B.    Proof of recording. Upon final recording with the County, the applicant shall submit to the City an electronic copy of all sheets of the recorded final plat. This shall occur prior to the issuance of building permits for the newly-created lots.

C.    Prerequisites to recording the plat.

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

2.    No plat shall be recorded until it is approved by the County surveyor in the manner provided by ORS Chapter 92.

A.    Re-platting and Vacations. Any plat or portion thereof may be re-platted or vacated upon receiving an application signed by all of the owners as appearing on the deed.

B.    Procedure. All applications for a re-plat or vacation shall be processed in accordance with the procedures and standards for a subdivision or partition (i.e., the same process used to create the plat shall be used to re-plat or vacate the plat).

C.    Basis for denial. A re-plat or vacation application may be denied if it abridges or destroys any public right in any of its public uses, improvements, streets or alleys; or if it fails to meet any applicable criteria.

D.    Vacation of streets or alleys. A street and/or vacation shall comply with the procedures and standards set forth in ORS Chapter 271.

A property line adjustment is the modification of a lot boundary when no lot is created. A property line adjustment includes the consolidation of lots, and the modification of lot boundaries, when no new lots are created.

A.    Submission Requirements. All applications for a property line adjustment shall be made on forms provided by the City and shall include information required for a Type I application. The application shall include a preliminary map showing:

1.    existing and proposed lot lines and dimensions;

2.    footprints and dimensions of existing structures (including accessory structures);

3.    location and dimensions of driveways, patios, sidewalks, public and private streets within or abutting the subject lots;

4.    location of significant vegetation as defined in Section 3.3.120.B; existing fences and walls;

5.    location of public and private utilities, including service lines to each principal building;

6.    location of easements of record; and

7.    any other information deemed necessary by the City Planner for ensuring compliance with city codes.

B.    Approval Criteria. The City Planner shall approve or deny a request for a property line adjustment in writing, based on findings that all of the following criteria are satisfied:

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

2.    The lots being modified by the property line adjustment comply with the minimum lot standards of the zoning district including lot area, dimensions, setbacks and lot coverage requirements.

3.    The property line adjustment does not create a building encroachment into any required setback area. In situations where there is an existing encroachment, the property line adjustment will not result in a greater encroachment into the setback area.

4.    The property line adjustment does not eliminate street access for any of the parcels. Access shall conform to the access management requirements of Chapter 3.2 - Access and Circulation or the affected roadway authority.

5.    The modified lot lines will not conflict with the location of sanitary sewer line, water line, storm sewer or easement.

6.    If, prior to the application, the lot(s) did not conform to the minimum lot standard(s), access or road authority standard, the property line adjustment shall not result in greater non-conformity with the applicable standard(s).

7.    The property owner(s) of each lot affected by the property line adjustment have signed the application or a statement of agreement with the proposed property line adjustment.

C.    Time Limit, Expiration and Recording Requirements

1.    Time limit on approval. The property line adjustment approval shall be effective for a period of one year from the date of approval.

2.    Expiration. The property line adjustment approval shall expire if:

a.    The property line adjustment survey is not filed with Linn County and recorded within one year of the date of the approval.

b.    The property line adjustment has been improperly recorded with Linn County without the satisfactory completion of all conditions attached to the approval; or

c.    The final property line adjustment survey is a departure from the approved plan.

3.    Recording. Upon the City’s approval of the proposed property line adjustment, the applicant shall record the property line adjustment with Linn County within 1 year of approval (or the approval expires).

4.    Filing of Recorded Survey with the City and Issuance of Building Permits. The applicant shall comply with the Linn County Surveyor map or filing requirements. The applicant shall submit a copy of the recorded property line adjustment survey map to the City within 15 days of recording and prior to the issuance of any building permits on the re-configured lots.¹

D.    Extension. The City may, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that:

1.    No changes are made on the original plan as approved by the City;

2.    There have been no changes in the applicable sections of this Code or plan provisions on which the approval was based. In the case where the property line adjustment conflicts with a code amendment, the extension shall be denied; and

3.    The extension request is made before expiration of the original approved plan.

    The survey shall comply with requirements of the County Surveyor.

There are certain uses that, due to the nature of their impacts on surrounding land uses and public facilities, require a case-by-case review and analysis. These are identified as “Conditional Uses” in Chapter 2 - Land Use Districts. The purpose of this Chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered.

A.    Initial Application. An application for a new conditional use shall be processed as a Type III procedure pursuant to Chapter 4.2, Section 4.2.140. The application shall meet submission requirements in Section 4.5.120, and the approval criteria contained in Section 4.5.130.

B.    Modification of Approved or Existing Conditional Use. Modifications to approved or existing conditional uses shall be processed in accordance with Chapter 4.6 – Modifications to Approved Plans.

In addition to the submission requirements for a Type III application, a conditional use permit application must include the following information, as applicable. For a description of each item, please refer to Chapter 4.3, Section 4.3.140 - Site Design Review Application Submission Requirements:

A.    Existing site conditions;

B.    Site plan;

C.    Preliminary grading plan;

D.    A landscape plan;

E.    Architectural drawings of all structures;

F.    Drawings of all proposed signs;

G.    A copy of all existing and proposed restrictions or covenants.

H.    Written narrative addressing compliance with all applicable approval criteria in Section 4.5.130.

The Planning Commission shall approve, approve with conditions, or deny an application for a conditional use or an application to enlarge or alter a conditional use based on findings of fact with respect to each of the following standards and criteria:

A.    Conditional Use Criteria.

1.    The site size, location, topography and access are adequate for the needs of the proposed use, considering the scale of the proposed building(s), parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations;

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

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

4.    A conditional use permit shall not allow a use that is prohibited or not expressly allowed in a Zoning District; nor shall a conditional use permit grant a variance without a variance application being reviewed with the conditional use application.

B.    Site Design Standards. Any applicable criteria for Site Design Review approval in Chapter 4.3, Section 4.3.150 shall be met.

C.    Conditions of Approval. The City may impose conditions that are found necessary to ensure that the use is compatible with other uses in the vicinity, and that the negative impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions include, but are not limited to, the following:

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

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

3.    Requiring larger setback areas;

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

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

6.    Requiring street right-of-way to be dedicated and street(s), sidewalks, curbs, planting strips, or pathways to be improved;

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

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

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

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

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

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

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

14.    Requiring the dedication of sufficient land to the public, and/or construction of a pedestrian/bicycle pathways in accordance with the adopted plans. Dedication of land and construction shall conform to the provisions of Chapter 3.5 – Public Facilities.

15.    The Planning Commission may require periodic review and renewal of conditional use permits annually or in accordance with another timetable as approved pursuant to this Chapter. Where applicable, the timetable shall provide for periodic review and renewal, or expiration, of the conditional use permit to ensure compliance with conditions of approval; such period review may occur through a Type II review process before the Planning Commission, except where the Planning Commission delegates authority to the City Planner to issue renewals, who shall do so through a Type I or Type II procedure, as applicable (see Chapter 4.2 – Application and Review Procedures).

A.    Concurrent Variance Application(s). A conditional use permit shall not grant variances to regulations otherwise prescribed by this Code. Variance application(s) may be filed in conjunction with the conditional use application and both applications may be reviewed at the same hearing.

B.    Additional development standards. Development standards for specific uses are contained in Chapter 2 – Zoning Districts.

The purpose of this Chapter is to provide an efficient process for modifying land use decisions and approved development plans, in recognition of the cost and complexity of land development and the need to conserve City resources.

A.    This Chapter applies when an applicant proposes to modify an approved application or condition of approval. (e.g. Development Review, Site Design Review, Conditional Use Permit, Land Division or other Type I, Type II or Type III land use decision).

B.    This Chapter does not apply to Type IV legislative decisions, land use district (zone) changes, amendments to this Code, amendments to any other land use regulation, variances and/or temporary permits.

A.    Major Modification Defined. The City Planner shall determine that a major modification(s) is required if one or more of the changes listed below are proposed:

1.    A change in land use to a more intensive use; as evidenced by parking, paved area, an estimated increase in automobile or truck trips (peak and/or average daily trips), an increase in hours of operation, an increased demand for parking, additional paved area, or similar factors, where the increase is 10 percent or more;

2.    An increase in the number of dwelling units;

3.    A change in the type and/or location of vehicle access points, driveways or parking areas that affect off-site traffic;

4.    An increase in the floor area proposed for non-residential use by more than 20 percent where previously specified;

5.    A reduction of more than 20 percent of the area reserved for common open space and/or usable open space;

6.    A reduction to specified setback requirements by more than 20 percent, or to a degree that the minimum setback standards of the land use district cannot be met; or

7.    Changes similar to those listed in 1-6, which are likely to have an adverse impact on adjoining properties.

The City Planner shall have discretion in determining whether a proposed change is a Major Modification or a Minor Modification.

B.    Major Modification Application and Submission Information. An application for a major modification shall include an application form, filing fee, letter describing the modification, and site plan using the same plan format as in the original approval. The City Planner may require other relevant information, as necessary, in evaluating the request.

B.    Major Modification Approval Criteria.

1.    A Major Modification request shall be subject to the same review procedure (Type I, II, or III) and approval criteria used for the initial project approval.

2.    The scope of review shall be limited to the modification request. For example, a request to modify a commercial development’s parking lot shall require Site Design Review only for the proposed parking lot and any changes to associated access, circulation, etc.

3.    The City shall approve, deny, or approve with conditions an application for major modification based on written findings of compliance or noncompliance with the requirements of this Code (e.g. land division, Site Design Review, Conditional Use Permit, etc.) and the conditions of approval of the original decision.

A.    Minor Modification. Any modification to a land use decision or approved development plan which is not within the description of a major modification as defined in Section 4.6.120, above, shall be considered a minor modification.

B.    Minor Modification Application and Submission Information. An application for minor modification shall include an application form, filing fee, letter describing the modification, and site plan using the same plan format as in the original approval. The City Planner may require other relevant information, as necessary, in evaluating the request.

C.    Minor Modification Approval Criteria.

1.    The City Planner will review an application for approval of a minor modification using either a Type I procedure in Section 4.2.120 or a Type II procedure, depending on whether or not the proposal involves the exercise of discretion or may impact other agencies.

2.    The City Planner shall approve, deny, or approve with conditions an application for minor modification based on findings of compliance or noncompliance with the applicable requirements of this Code and the conditions of approval of the original decision.

The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to the Halsey Comprehensive Plan, this Code, the Halsey Zoning Map, land use regulations and public facilities plans. Amendments may be necessary from time to time to reflect changing community conditions, needs and desires, to correct mistakes, or to address changes in the law.

Legislative amendments are policy decisions made by City Council. They are reviewed using the Type IV procedure in Chapter 4.2, Section 4.2.150. Legislative amendments include:

A.    Amendments to the Halsey Comprehensive Plan.

B.    Amendments to the Halsey Development Code

C.    Amendments to the Halsey Zoning Map that affect more than one parcel and are initiated by the City of Halsey.

D.    Amendments to any other land use regulation, implementation ordinance or a public facility plan.

A.    Quasi-Judicial Amendments. Quasi-judicial amendments are those that involve the application of adopted policy to a specific development application or Code revision. The following quasi-judicial applications will be reviewed using the Type III procedures 4.2.140:

1.    Amendment to the Halsey Zoning Map that does not meet the criteria in Section 4.7.110.C.

2.    Amendment to the Halsey Zoning Map and a concurrent annexation of land that is located inside the Halsey Urban Growth Boundary.

An application listed in Section 4.7.110 and Section 4.7.120 may be approved if the proposal meets all of the following criteria. The Planning Commission review and recommendation and the decision by the City Council shall be based on consideration of the following criteria:

A.    If the proposal includes an amendment to the Halsey Comprehensive Plan, the amendment must be consistent with the ORS 197, the Statewide Planning Goals and relevant Oregon Administrative Rules;

B.    The proposal must be consistent with the Halsey Comprehensive Plan.

C.    The City Council must find the proposal to be in the public interest; the proposal responds to changes in the community, or it corrects a mistake or inconsistency in the subject plan, this Code or other land use regulation; and

D.    If the proposal includes the annexation of land to the City, the proposal must comply with ORS 222.111 to ORS 222.183 and any applicable requirements in the City Charter.

A quasi-judicial decision may be approved, approved with conditions or denied. A legislative decision may be approved or denied. The City Council shall adopt an ordinance to approve the applications listed in Sections 4.7.110 and Section 4.7.120.

The City shall maintain a record of all amendments to the Halsey Comprehensive Plan, the Halsey Development Code, the Halsey Zoning Map, land use regulations and public facility plans in a format convenient for public use.

A.    Notice of Amendments to the Halsey Comprehensive Plan Map and Zoning Map. After adoption of an ordinance that amends the Halsey Comprehensive Plan map and/or the Halsey Zoning Map, the City shall provide a copy of the adopted ordinance to the Linn County Assessor, Linn County Planning Department and the Linn County GIS Department.

B.    Notice of Annexation. After adoption of an ordinance that adjusts the boundaries of the City of Halsey, the City shall provide a copy of the adopted ordinance to the Linn County Clerk, Linn County Assessor, Linn County GIS Department, the Oregon Secretary of State, the Oregon Department of Revenue and public utilities providing service within the City.

Some terms or phrases within this Code may have two or more reasonable meanings. This section provides a process for resolving differences in the interpretation of the Code text.

A.    Requests. A request for a code interpretation (“interpretation”) shall be made in writing to the City.

B.    Decision to Issue Interpretation. The City Planner shall have the authority to review a request for an interpretation. The City Planner shall advise the requester in writing within 14 days after the request is made, on whether or not the City will issue the requested interpretation.

C.    Declining Requests for Interpretations. The City Planner is authorized to issue, refer to the Planning Commission, or decline to issue a requested interpretation. Basis for declining may include, but is not limited to, a finding that the subject code section affords only one reasonable interpretation and the interpretation does not support the request. The City Planner decision to issue, refer, or decline to issue an interpretation is final when the decision is mailed to the party requesting the interpretation and the decision is not subject to any further local appeal.

D.    Written Interpretation.

1.    If the City Planner decides to issue an interpretation, it shall be issued in writing and shall be mailed or delivered to the person requesting the interpretation and any other person who specifically requested a copy of the interpretation. The written interpretation shall be issued within 21 days after the City advises the requester that an interpretation shall be issued. The decision shall become effective 14 days later, unless an appeal is filed in accordance with Sections E through G below.

2.    If the Planning Commission is requested to issue an interpretation, it shall be issued in writing and shall be mailed or delivered to the person requesting the interpretation and any other person who specifically requested a copy of the interpretation. The written interpretation shall be issued within 21 days after the City advises the requester that an interpretation shall be issued. The decision shall become effective 14 days later, unless an appeal is filed in accordance with Section 4.8.110.E.

E.    Appeals.

The applicant and any party who received such notice or who participated in the proceedings through the submission of written or verbal evidence of an interpretation may appeal the interpretation within 14 days after the interpretation was mailed or delivered to the applicant. The appeal may be initiated by filing a notice of appeal with the City pursuant to Chapter 4.2, Section 4.2.130.F.

1.    An appeal of the City Planner’s interpretation shall be heard by the Planning Commission.

2.    An appeal of the Planning Commission’s decision shall be heard by the City Council.

F.    Appeal Procedure. The appeal of a code interpretation will be reviewed as a Type III action pursuant to Section 4.2.140. The appellant shall comply with the application and submission requirements in Section 4.2.140. Written notice of the hearing shall be provided to the applicant, any other party who has filed a notice of appeal, and any other person who requested notice.

G.    Final Decision/Effective Date. The decision of the City Council on an appeal of a code interpretation shall be final and effective when it is mailed to the applicant

H.    Interpretations on File. The City shall keep a record of all written code interpretations.

Temporary uses are characterized by their short term or seasonal nature and by the fact that permanent improvements are not made to the site. Temporary uses include, but are not limited to: construction trailers, leasing offices, temporary carnivals and fairs, parking lot sales, retail warehouse sales, and seasonal sales such as Christmas tree sales and vegetable stands. Three types of temporary uses require permit approval:

A.    Seasonal and Special Events. These types of uses occur occasionally and for no longer a period than 30 days. Using the Type I procedure under Chapter 4.2, Section 4.2.120, the City may approve, approve with conditions or deny a temporary use permit. Approval shall be based on findings that all of the following criteria are satisfied:

1.    The use is permitted in the underlying land use district and does not violate any conditions of approval for the property (e.g., prior development permit approval);

2.    The applicant has proof of the property owner’s permission to place the use on his/her property;

3.    There is sufficient parking (on-site and off-site) to accommodate the temporary use and other uses on the site, pursuant to Chapter 3.4 – Vehicle and Bicycle Parking. The City may require the applicant to provide evidence additional off-site parking is secured.

4.    The use provides adequate vision clearance, as required by Chapter 3.2, Section 3.2.120.M and shall not obstruct pedestrian access on public streets;

5.    Ingress and egress are safe and adequate when combined with the other uses of the property; as required by Section 3.2.120 - Vehicular Access and Circulation;

6.    The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare or lights that affect an adjoining use in a manner which other uses allowed outright in the district do not affect the adjoining use; and

7.    The use is adequately served by with sewage disposal and potable water, if applicable.

8.    If required by the City and prior to the event, the applicant provides evidence of insurance coverage in an amount designated by the City and provides evidence that other required permits have been obtained.

B.    Temporary Sales Office or Model Home. Using a Type I procedure under Section 4.2.120, the City may approve, approve with conditions or deny an application for the use of any real property within the City as a temporary sales office, offices for the purpose of facilitating the sale of real property, or model home in any subdivision or tract of land within the City, but for no other purpose, based on the following criteria:

1.    Temporary sales office:

a.    The temporary sales office shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold; and

b.    The property to be used for a temporary sales office shall not be permanently improved for that purpose.

2.    Model house:

a.    The model house shall be located within the boundaries of the subdivision or tract of land where the real property to be sold is situated; and

b.    The model house shall be designed as a permanent structure that meets all relevant requirements of this Code.

C.    Temporary Building. Using a Type I procedure in Section 4.2.120, the City may approve, approve with conditions or deny an application for a temporary trailer or prefabricated building for use on any real commercial or industrial property within the City as a temporary commercial or industrial office or space associated with the primary use on the property, but for no other purpose, based on following criteria:

1.    The temporary trailer or building shall be located within the boundaries of the parcel of land on which it is located;

2.    The primary use on the property to be used for a temporary trailer is under construction or has already been developed on the site;

3.    Ingress and egress are safe and adequate when combined with the other uses of the property; as required by Chapter 3.2, Section 3.2.120 - Vehicular Access and Circulation

4.    There is adequate parking for the customers or users of the temporary use as required by Chapter 3.4 – Vehicle and Bicycle Parking.

5.    The use will not result in vehicular congestion on streets;

6.    The use will pose no hazard to pedestrians in the area of the use;

7.    The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare or lights that affect an adjoining use in a manner which other uses allowed outright in the district do not affect the adjoining use;

8.    The building complies with applicable building codes;

9.    The use can be adequately served by sewage disposal and potable water, if applicable. (The applicant shall be responsible for obtaining any related permits); and

10.    The length of time that the temporary building will be used does not exceed one year. When a temporary building exceeds this time frame, the applicant shall be required to remove the building, or renew the temporary use permit. The trailer or building will be removed from the site prior to the expiration date of the temporary use permit.

The purpose of this section is to encourage those who are engaged in small commercial ventures which could not necessarily be sustained if it were necessary to lease commercial quarters or which, by the nature of the venture, are appropriate in scale and impact to be operated within a residence.

Home occupations are encouraged for their contribution in reducing the number of vehicle trips often generated by conventional businesses. They are permitted by right in all residential units (dwellings), subject to the following standards:

A.    Appearance of Residence:

1.    The home occupation shall be restricted to lawfully-built enclosed structures and be conducted in such a manner as not to give an outward appearance of a business.

2.    The home occupation shall not result in any structural alterations or additions to a structure that will change its primary use or building code occupancy classification.

3.    The home occupation shall not violate any conditions of development approval (i.e., prior development permit approval).

4.    No products and or equipment produced or used by the home occupation may be displayed to be visible from outside any structure.

B.    Storage:

1.    Outside storage, visible from the public right-of-way or adjacent properties, is prohibited.

2.    On-site storage of hazardous materials (including toxic, explosive, noxious, combustible or flammable) beyond those normally incidental to residential use is prohibited.

3.    Storage of inventory or products and all other equipment, fixtures, and activities associated with the home occupation shall be allowed in any structure.

C.    Employees:

1.    Other than family members residing within the dwelling located on the home occupation site, there shall be no more than one full time equivalent employee at the home occupation site at any given time. As used in this Chapter, the term “home occupation site” means the lot on which the home occupation is conducted.

2.    Additional individuals may be employed by or associated with the home occupation, so long as they do not report to work or pick up/deliver at the home.

3.    The home occupation site shall not be used as a headquarters for the assembly of employees for instruction or other purposes, including dispatch to other locations.

D.    Advertising and Signs: Signs shall comply with Chapter 3.6, Section 3.6.100. In no case shall a sign exceed the Residential District standard of 6 square feet (e.g., 2 feet by 3 feet).

E.    Vehicles, Parking and Traffic:

1.    One commercially-licensed vehicle associated with the home occupation is allowed at the home occupation site. It shall be of a size that would not overhang into the public right-of-way when parked in the driveway or other location on the home occupation site.

2.    There shall be no commercial vehicle deliveries during the hours of 7 p.m. to 7 a.m.

F.    Business Hours. There shall be no restriction on business hours, except that clients or customers are permitted at the home occupation from 7 a.m. to 7 p.m. only, subject Sections A and E, above.

G.    Prohibited Home Occupation Uses:

1.    Any activity that produces radio or TV interference, noise, glare, vibration, smoke or odor beyond allowable levels as determined by local, state or federal standards, or that can be detected beyond the property line is prohibited.

2.    Any activity involving on-site retail sales is prohibited, except that the sale of items that are incidental to a permitted home occupation is allowed. For example, the sale of lesson books or sheet music from music teachers, art or craft supplies from arts or crafts instructors, computer software from computer consultants, and similar incidental items for sale by home business are allowed subject to A-F, above.

3.    Any uses described in this section or uses with similar objectionable impacts because of motor vehicle traffic, noise, glare, odor, dust, smoke or vibration, such as:

a.    Animal hospital, veterinary services, kennels or animal boarding;

b.    Auto and other vehicle repair, including auto painting;

c.    Repair, reconditioning or storage of motorized vehicles, boats, recreational vehicles, airplanes or large equipment on-site;

H.    Enforcement: The City Planner or designee may visit and inspect the site of home occupations in accordance with this Chapter periodically to insure compliance with all applicable regulations, during normal business hours, and with reasonable notice. Code violations shall be processed in accordance with Chapter 1.4 - Enforcement.

The Halsey Comprehensive Plan, Appendix A, contains Historic Resource provisions related to the Register of Historic Resources. The Register is on file at City Hall.

A.    Purpose and Applicability. The purpose of this section is to encourage the preservation of Halsey’s historic resources through the establishment of procedures to review and act upon applications for permits to alter or demolish those resources. The provisions of this section apply to all properties listed on the Halsey Register of Historic Resources.

B.    Alteration and Demolition Permits Required. A Type III permit is required for alteration or demolition of any resource listed on the Halsey Register of Historic Resources.

1.    Alteration, as governed by this section, means the addition to, removal of, or change in the exterior part of a historic resource but shall not include paint color.

2.    Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature that does not involve a change in design, material, or external appearance thereof. Nor does this section prevent the construction, reconstruction, alteration, rehabilitation, restoration, demolition, or removal of any such feature when the Building Official determines there is a threat to public safety due to a dangerous condition.

3.    Exception. A permit is not required under this section for the alteration of an historic resource when the review of the proposed alteration is required by an agency of the state or federal government.

C.    Review Procedures. The Planning Commission shall review all applications to demolish or alter any historic resource listed on the Halsey Register of Historic Resources.

1.    Application. A property owner or authorized agent may initiate a request for alteration or demolition of an historic resource by filing an application at City Hall. The application shall include applicable information from the requirements for Site Design Review (See Chapter 4.3). In addition, applications for alteration shall include drawings of the structure before and after the proposed alteration.

2.    Before the Commission may act on an application for alteration or demolition of an historic resource, it shall hold a public hearing in accordance with the hearing procedures in Chapter 4.2, Section 4.2.140. Notice shall be mailed to the State Historic Preservation Office in addition to the owner, and any person requesting notice of historic alteration and demolition permit applications.

D.    Decision Alternatives.

1.    Alteration Review. The Planning Commission shall take one of the following actions on an application for alteration of an historic resource:

a.    Approve the request as submitted;

b.    Approve the request with modifications, conditions, or recommendations; or

c.    Deny the request.

2.    Demolition Review. The Planning Commission shall take one of the following action on an application for demolition of an historic resource:

a.    Allow immediate issuance of a demolition permit.

b.    Require a delay in the issuance of the permit for up to 90 days. During this period, the City shall attempt to determine if public or private acquisition and preservation are feasible or if other alternatives exist which could prevent demolition of the resource.

c.    In the case of approval of the permit, recommend to the property owner that the City be allowed to take several black and white photographs of the resource prior to demolition. Any photographs shall be kept on file at the Linn County Historical Museum or other suitable location as permanent historic record.

E.    Criteria for Alteration Review. To preserve the historical and architectural integrity of historic resources and to provide for public safety, recommendations shall be based on applicable state and local codes and ordinances related to building, fire, life, and safety, and the following criteria:

1.    The removal or alteration of any historical marker or distinctive architectural features shall be avoided when possible.

2.    Alterations which include materials of a design not in keeping with the historic appearance of the building or structure shall be discouraged.

3.    Alterations which have taken place over the course of time are part of the history and development of the building or structure. These alterations may be significant in their own right and should also be taken into consideration.

4.    Distinctive stylistic features or examples of skilled craftsmanship should be treated carefully and retained wherever possible.

5.    Deteriorated architectural features shall be repaired, rather than replaced, whenever possible.

a.    If it is necessary to replace deteriorated architectural features, new materials shall match in terms of composition, design, color, and texture.

b.    Repair or replacement of missing architectural features should be based on accurate duplications of features substantiated by historic, physical, or pictorial evidence rather than on the availability of architectural elements from other buildings or structures.

c.    The design is compatible with the size, scale, and material of the historic building or structure and is compatible with the character of the neighborhood.

F.    Criteria for Demolition Review. In any decision concerning the demolition of an historic resource, the following shall be considered:

1.    The state of repair of the building and the economic feasibility of rehabilitation;

2.    Hardship of the applicant;

3.    The quantity and quality of other historic resources in the city comparable in terms of type and style;

4.    The existence of a program or project which could result in preservation of the structure; and

5.    The character of the neighborhood in which the resource is located.

A.    Purpose. The purpose of this section is to provide for the temporary placement of a manufactured home under verified circumstances related to either a medical hardship or advanced age of a resident of the property which requires the provision of supervised care and assistance on a continuing basis, and to assure the temporary nature and continuing validity of the manufactured home placement as a second dwelling on the property to meet the hardship circumstances.

B.    Procedure for Approval of a Temporary Hardship Manufactured Home.

1.    A Type III permit is required for the approval of a placement of a temporary hardship manufactured home on a lot. At the time of application, the applicant shall provide the necessary information to meet the requirements and standards for placement of the temporary hardship manufactured dwelling. The application shall include a site plan showing where the manufactured dwelling will be placed on the lot and the distances between it and the principle dwelling on the lot and all property lines.

2.    The planning commission shall hold a public hearing on the application. The planning commission shall approve, conditionally approve, or deny the application.

3.    Notice of the planning commission public meeting shall be mailed to all owners of property which abut the lot where the temporary hardship manufactured home is to be placed.

4.    The decision of the planning commission may be appealed to the city council as provided for in Chapter 4.2, Section 4.2.140.I.

C.    Standards and Requirements for Temporary Hardship Manufactured Homes. A manufactured home may be temporarily placed on a lot in hardship circumstances when the following standards and requirements are met:

1.    A licensed Oregon physician has certified that a medical hardship exists and the afflicted person requires daily supervision and care; or, the person to be cared for has provided documentation of being 70 years of age of older.

2.    The temporary hardship manufactured home is placed on the same lot as the principle dwelling.

3.    The person with the hardship will occupy the temporary hardship manufactured home and the person(s) providing the care and assistance will occupy the principle dwelling on the lot.

4.    The person(s) providing care for the person(s) with the hardship agree in writing to remove the temporary hardship manufactured home within 90 days after the hardship condition no longer applies to the manufactured home.

5.    The manufactured home placement complies with all applicable zoning ordinance provisions or the appropriate variances have been obtained.

6.    An additional plumbing hookup to the existing sewer line on the property shall be required. The hookup shall comply with the Oregon State Plumbing Code and all applicable city ordinances.

D.    Biannual Review. Each permit for the placement of a temporary hardship manufactured home shall be reviewed on a biannual basis by the planning commission. At the time of review each permit holder shall be required to verify in writing that all of the circumstances which applied at the time of initial approval are still in effect.

E.    Removal of Temporary Hardship Manufactured Home. The manufactured home shall be removed from the property within 90 days of the time the temporary hardship no longer exists. All additional utility hookups to serve the manufactured home shall either be removed or disconnected so that they are no longer visible within 90 days of the time the temporary hardship no longer exists.

F.    Temporary Hardship Permit Not Transferable. This permit is not transferable to other persons or property.