1. Purpose. 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. Table 5-4.1.010 provides a key for determining the review procedure and the decision-making body for particular approvals.
2. Applicability of Review Procedures. All land use and development permit applications and approvals, except building permits, shall be decided by using the procedures contained in this chapter. The procedure “type” assigned to each application governs the decision-making process for that permit or approval. There are four types of permit/approval procedures as described in subsections 1-4 below. Table 5-4.1.010 lists the City’s land use and development approvals and their required review procedure(s).
   1. Type I Procedure (Administrative). Type I decisions are made by the City Planning Official, or someone he or she officially designates, without public notice and without a public hearing. A Type I procedure is used in applying City standards and criteria that do not require the use of discretion (i.e., clear and objective standards);
   2. Type II Procedure (Administrative). Type II decisions are made by the City Planning Official with public notice and an opportunity for appeal;
   3. Type III Procedure (Quasi-Judicial). Type III decisions are made by the Planning Commission after a public hearing, with appeals reviewed by the City Council.
   4. Type IV Procedure (Legislative). Type IV procedures apply to legislative matters. Legislative matters involve 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 matters are considered initially by the Planning Commission with final decisions made by the City Council.
      
      

      Table 5-4.1.010 Summary of Approvals by Type of Review Procedure
      Approvals*	Review Procedures	Applicable Regulations
      Access Permit (public street)	Type I	Chapters 3.1, 5-4.2, 5-4.3; Engineering Design Standards
      Annexation	Type IV	Chapter 5-4.10
      Code Interpretation	Type II	Chapter 5-4.8
      Code Text Amendment	Type IV	Chapter 5-4.7
      Comprehensive Plan Amendment	Type IV	Chapter 5-4.7 & Comprehensive Plan
      Conditional Use Permit	Type III	Chapter 5-4.4
      Home Occupation Permit Type I	Type I	Chapter 5-4.9; See also, Section 5-2.2.020
      Home Occupation Permit Type III	Type III	Chapter 5-4.9; See also, Section 5-2.2.020
      Master Planned Development	Type III	Chapter 5-4.5
      Modification to Approval	Type II/III (minor or major)	Chapter 5-4.6
      Land Use District Map Change
      Quasi-Judicial (does not require a plan amendment)	Type III	Chapter 5-4.7
      Legislative (plan amendment)	Type IV	Chapter 5-4.7
      Property Line Adjustments, including Lot Consolidations	Type I	Chapter 5-4.3
      Legal Lot Determination	Type I	Chapter 5.3
      Non-Conforming Use or Development Confirmation	Type I	Chapter 5.2
      Partition or Replat of 2-3 lots	Type II	Chapter 5-4.3
      Land Use Review	Type I/II	Chapter 5-4.2
      Site Design Review	Type II	Applicant or Planning Official may refer application to Planning Commission hearing
      Site Design Review w/ Adjustment to Standard(s)	Type III
      Subdivision or Replat of >3 lots		Chapter 5-4.3
      Preliminary Plat	Type III
      Final Plat	Type I
      Temporary Use Permit (includes Temporary Dwellings)	Type I/II/III	Chapter 5-4.9, Chapter 5-2.2
      Variance
      Class A	Type II	Chapter 5.1
      Class B	Type III	Chapter 5.1

      * The applicant may be required to obtain building permits and other approvals (e.g., Signs, Public Improvement Plans, Plumbing, Electrical, Structural, Floodplain Development, etc.) through the Building Official, and/or approvals from other agencies, such as a road authority or natural resource regulatory agency. The City’s failure to notify the applicant of any requirement or procedure of another agency shall not invalidate a permit or action taken by the City under this Code.
      

1. Application Requirements.
   1. Application Forms. Type I applications shall be made on forms provided by the City Planning Official.
   2. Application Requirements. Type I applications shall:
      1. Include the information requested on the application form;
      2. Address the criteria in sufficient detail for review and action; and
      3. Be filed with the required fee.
2. Administrative Decision Requirements. The City Planning Official’s decision shall be based on the applicable approval criteria, including applicable requirements of any road authority. Based on the criteria and the facts contained in the application, the City Planning Official shall approve or deny the requested permit or action. A written record of the decision (e.g., letter or permit stamped as approved) shall be provided to the applicant and kept on file at City Hall. Where the City Planning Official determines that he or she is unable to process the application through a Type I review (e.g., the approval criteria require the exercise of discretion), he or she may require the applicant to submit a new application for Type II review.
3. Final Decision. A Type I decision is the final decision of the City. It cannot be appealed to City officials. If the decision is contested by the applicant or other aggrieved party, it is not appealable as a land use decision but may be referred to the City Council as a separate Code Interpretation request, as provided under Chapter 5-4.8; in which case all required forms and fees shall be filed in accordance with Chapter 5-4.8.
4. Effective Date. A Type I decision is final on the date it is made.
   

1. Pre-application Conference. A pre-application conference is required for Type II reviews. Pre-application conference requirements and procedures are in Section 5-4.1.060.
2. Application Requirements.
   1. Application Forms. Type II applications shall be made on forms provided by the City Planning Official.
   2. Submittal Information. The application shall:
      1. Include the information requested on the application form;
      2. Be filed with one copy of a narrative statement that explains how the application satisfies each and all of the relevant criteria and standards in sufficient detail for review and decision-making. Note: additional information may be required under the specific application requirements for each approval, e.g., Chapters 5-4.2 (Land Use Review), 5-4.3 (Land Divisions), 5-4.6 (Modifications), 5-4.8 (Code Interpretations), and 5-4.9 (Miscellaneous Permits); and
      3. Be accompanied by the required fee.
      4. Be accompanied by a list of property owners of record within one hundred (100) feet of the subject site (by tax map and lot number) and mailing labels for the same.
3. Notice of Application for Type II Administrative Decision.
   1. Before making a Type II Administrative Decision, the City Planning Official shall mail notice to:
      1. All owners of record of real property within a minimum of 100 feet of the subject site;
      2. Any person who submits a written request to receive a notice; and
      3. Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the City. The City may notify other affected agencies. The City shall notify the road authority, and rail authority and owner, when there is a proposed development abutting or affecting their transportation facility and allow the agency to review, comment on, and suggest conditions of approval for 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.
   2. The purpose of the notice is to give nearby property owners and other interested people the opportunity to submit written comments about the application before the Type II decision is made. The goal of this notice is to invite people to participate early in the decision-making process.
   3. Upon reviewing written comments submitted during the public notice period, the City Planning Official shall proceed to prepare a notice of decision; or shall refer the application to the Planning Commission, who shall review the application in a public meeting act as the decision making body. Such public meeting shall be duly noticed and the public shall be given an opportunity to comment, though the meeting need not follow the public hearing procedure for Type III reviews.
   4. Notice of a pending Type II Administrative Decision shall:
      1. Provide a 14-day period for submitting written comments before a decision is made on the permit;
      2. List the relevant approval criteria by name and number of code sections; this information may be summarized by Code chapter, provided the notice has sufficient detail to help the public identify and locate applicable code criteria;
      3. State the place, date and time the comments are due, and the person to whom the comments should be addressed. If the Planning Commission in a public meeting will review the application, the notice shall state the date, time and location of the meeting;
      4. Include the name and telephone number of a contact person regarding the Administrative Decision;
      5. Describe proposal and identify the specific permits or approvals requested;
      6. Describe the street address or other easily understandable reference to the location of the site;
      7. State that if any person fails to address the relevant approval criteria with enough detail, they may not be able to appeal to the Land Use Board of Appeals or Circuit Court on that issue. Only comments on the relevant approval criteria are considered relevant evidence;
      8. State that all evidence relied upon by the City Planning Official or Planning Commission, as applicable, 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;
      9. State that after the comment period closes, the City Planning Official or Planning Commission, as applicable, shall issue a Type II Administrative Decision, and that the decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice;
      10. Contain the following notice: “Notice to mortgagee, lien holder, vendor, or seller: The City of John Day Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser or person in fee title to the property.”
4. Administrative Decision Requirements. The City Planning Official shall prepare the Type II written decision addressing all of the relevant approval criteria and standards. Based upon the criteria and standards, and the facts contained within the record, the City Planning Official shall issue the decision to approve, approve with conditions, or deny the requested permit or action. As an alternative to denying a Type II application, the City Planning Official, on request of the applicant, may refer the application to the Planning Commission for review in a public hearing, in which case the public shall be notified of the hearing, the 120-day review clock prescribed by ORS 227.178 shall restart, and the review shall proceed following the Type III procedures in Section 5-4.1.040.
5. Notice of Decision.
   1. Within five (5) days after the City Planning Official signs the Type II decision, a Notice of Decision shall be sent by mail to:
      1. The applicant and all owners or contract purchasers of record of the site that is the subject of the application;
      2. Any person who submitted a written request to receive notice, or provided comments during the application-review period;
      3. Any City-recognized neighborhood group or association whose boundaries include the site; and
      4. Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the City, and other agencies that were notified or provided comments during the application review period.
   2. The City Planning Official shall cause an affidavit of mailing the notice to be prepared and made a part of the file. The affidavit shall show the date the notice was mailed and shall demonstrate that the notice was mailed to the parties above and was mailed within the time required by law.
   3. The Type II Notice of Decision shall contain:
      1. A description of the applicant’s proposal and the City’s decision on the proposal (i.e., may be a summary);
      2. 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;
      3. A statement of where the City’s decision can be obtained;
      4. The date the decision shall become final, unless appealed;
      5. A statement that all persons entitled to notice may appeal the decision; and
      6. A statement briefly explaining how to file an appeal, the deadline for filing an appeal, and where to obtain further information concerning the appeal process.
6. Final Decision and Effective Date. A Type II administrative decision is final for purposes of appeal the date the City mails it. A Type II administrative decision is effective on the day after the appeal period expires. The appeal period runs fourteen (14) days from the date the decision is mailed. Upon appeal, the decision becomes effective when the City takes final action on the appeal.
7. Appeal. A Type II administrative decision may be appealed to the Planning Commission as follows:
   1. Who may appeal. The following people have legal standing to appeal a Type II Administrative Decision:
      1. The applicant or owner of the subject property;
      2. Any person who was entitled to written notice of the Type II decision;
      3. Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified deadline.
   2. Appeal filing procedure.
      1. 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.
      2. Time for filing. A Notice of Appeal shall be filed with the City Planning Official within fourteen (14) days of the date the Notice of Decision was mailed.
      3. Content of notice of appeal. The Notice of Appeal 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 II Administrative Decision by a person with standing shall be a hearing de novo before the Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the Type II administrative review, but may include other relevant evidence and arguments. The Planning Commission may allow additional evidence, testimony or argument concerning any relevant standard, criterion, condition, or issue.
   4. Appeal procedures. Sections 5-4.1.040.C - E, governing notice, hearing procedures and decision process for Type III decisions shall apply to all Type II Administrative Appeals.
   5. Further Appeal to City Council. The decision of the Planning Commission regarding an appeal of a Type II Administrative Decision is the final decision of the City unless appealed to City Council within the time provided in 5-4.1.040.G.2.b.
      

1. 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 5-4.1.060.
2. Application Requirements.
   1. Application forms. Type III applications shall be made on forms provided by the City Planning Official; if a Type II application is referred to a Type III hearing, either voluntarily by the applicant or staff, or upon appeal, no new application is required.
   2. Submittal Information. When a Type III application is required, it shall:
      1. Include the information requested on the application form;
      2. Be filed with one copy of a narrative statement that explains how the application satisfies each and all of the relevant criteria and standards in sufficient detail for review and decision-making. Note: additional information may be required under the specific application requirements for each approval, e.g., Chapters 5-4.2 (Land Use Review and Site Design Review), 5-4.3 (Land Divisions), 5-4.6 (Modifications), 5-4.8 (Code Interpretations), and 5-4.9 (Miscellaneous Permits); and
      3. Be accompanied by the required fee.
      4. Be accompanied by a list of property owners of record within one hundred (100) feet of the subject site (by tax map and lot number) and mailing labels for the same.
3. Notice of Hearing.
   1. Mailed notice. The City shall mail the notice of the Type III action. The records of the Grant County Assessor’s Office are the official records for determining ownership. Notice of a Type III application hearing or Type II appeal hearing shall be given by the City Planning Official in the following manner:
      1. 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 that is the subject of the application;
         2. All property owners of record within 100 feet of the site;
         3. Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the City. The City may notify other affected agencies. The City shall notify the road authority, and rail authority and owner, when there is a proposed development abutting or affecting their transportation facility and allow the agency to review, comment on, and suggest conditions of approval for the application.
         4. Any neighborhood or community organization recognized by the City Council and whose boundaries include the subject property;
         5. Any person who submits a written request to receive notice;
         6. For appeals, the appellant and all persons who provided testimony in the original decision; and
         7. For a land use district change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175.
      2. The City Planning Official shall have an affidavit of notice be prepared and made a part of the file. The affidavit shall state the date that the notice was mailed to the persons who must receive notice.
      3. At least fourteen (14) business days before the hearing, notice of the hearing shall be printed 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.
   2. Content of Notice. Notice of appeal of a Type II Administrative decision and notice of a Type III hearing to be mailed and published per Subsection 1 above shall contain the following information:
      1. The nature of the application and the proposed land use or uses that could be authorized for the property;
      2. The applicable criteria and standards from the development code(s) that apply to the application;
      3. The street address or other easily understood geographical reference to the subject property;
      4. The date, time, and location of the public hearing;
      5. A statement that the failure to raise an issue in person, or by letter at the hearing, or failure to provide statements or evidence sufficient to afford the decision-maker an opportunity to respond to the issue, means that an appeal based on that issue cannot be filed with the State Land Use Board of Appeals;
      6. The name of a City representative to contact and the telephone number where additional information on the application may be obtained;
      7. 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;
      8. 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;
      9. A general explanation of the requirements to submit testimony, and the procedure for conducting public hearings; and
      10. The following notice: “Notice to mortgagee, lien holder, vendor, or seller: The City of John Day Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser or person in fee title to the property.”
4. Conduct of the Public Hearing.
   1. At the commencement of the hearing, the chair or convener of the Planning Commission, or his or her designee, shall state to those in attendance:
      1. The applicable approval criteria and standards that apply to the application or appeal;
      2. A statement that 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;
      3. A statement that failure to raise an issue with sufficient detail to give the hearings body and the parties an opportunity to respond to the issue, means that no appeal may be made to the State Land Use Board of Appeals on that issue;
      4. A statement that, at the conclusion of the initial evidentiary hearing, any participant may ask the Planning Commission for an opportunity to present additional relevant evidence or testimony that is within the scope of the hearing, and that, if the Planning Commission grants the request, it will schedule a date to continue the hearing as provided in paragraph 2 of this subsection, or leave the record open for additional written evidence or testimony as provided paragraph 3 of this subsection.
   2. If the Planning Commission grants a continuance, the completion of 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 second hearing for persons to present and respond to new written evidence and oral testimony. If new written evidence is submitted at the second hearing, any person may request, before the conclusion of the second hearing, that the record be left open for at least seven days, so that they can submit additional written evidence or testimony in response to the new written evidence;
   3. If the Planning Commission 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 City in writing for an opportunity to respond to new evidence submitted during the period that the record was left open. If such a request is filed, the Planning Commission shall reopen the record.
      1. When the Planning Commission reopens the record to admit new evidence or testimony, any person may raise new issues that relate to that new evidence or testimony;
      2. An extension of the hearing or record granted pursuant to Section 5-4.1.040.D is subject to the limitations of ORS 227.178 (“120-day rule”), unless the continuance or extension is requested or agreed to by the applicant;
      3. If requested by the applicant, the City shall allow the applicant at least seven (7) days after the record is closed to all other persons to submit final written arguments in support of the application, unless the applicant expressly waives this right. The applicant’s final submittal shall be part of the record but shall not include any new evidence;
   4. The record shall contain all testimony and evidence that is submitted to the City and that the hearings body has not rejected;
   5. In making its decision, 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). The review authority must announce its intention to take notice of such facts in its deliberations, and allow persons who previously participated in the hearing to request the hearing record be reopened, if necessary, to present evidence concerning the noticed facts;
   6. The review authority shall retain custody of the record until the City issues a final decision.
   7. Participants in the appeal of a Type II Administrative decision or participants in a Type III hearing are entitled to an impartial review authority as free from potential conflicts of interest and pre-hearing ex parte contacts as reasonably possible. Where questions related to conflict of interest or ex parte contact are concerned, public hearings shall be conducted pursuant to State law.
   8. Presenting and receiving evidence.
      1. The Planning Commission may set reasonable time limits for oral presentations and may limit or exclude cumulative, repetitious, irrelevant or personally derogatory testimony or evidence;
      2. 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;
      3. Members of the Planning Commission may visit the property and the surrounding area, and may use information obtained during the site visit to support their decision, if the information relied upon is disclosed at the beginning of the hearing and an opportunity is provided to dispute the evidence.
5. The Decision Process.
   1. Basis for decision. Decisions on Type III applications, and any action taken on an appeal of a Type II Administrative decision, shall be based on standards and criteria in this Code. The decision on such application or appeal shall relate to the applicable Code standards and criteria.
   2. Findings and conclusions. The written decision 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 Planning Commission shall issue a final written order containing the findings and conclusions, which approves, denies, or approves with specific conditions. The Planning Commission may also issue appropriate intermediate rulings when more than one permit or decision is required.
   4. Decision-making time limits. A final order for any Type III decision or action on a Type II Administrative Appeal shall be signed by the chair of the Planning Commission and filed by the City Planning Official within ten (10) business days after the decision or action is made.
   5. Notice of Decision. Written notice of a Type III decision, or action on an appeal of Type II Administrative Appeal, shall be mailed to the applicant and to all participants of record within ten (10) business days after the decision is made. Failure of any person to receive mailed notice shall not invalidate the decision or action, provided that a good faith attempt was made to mail the notice.
   6. Final Decision and Effective Date. A Type III decision, or action on a Type II Administrative Appeal, is final for purposes of appeal to the City Council on the date it is mailed by the City. The decision is effective on the day after the appeal period for the decision expires.
6. Appeal to City Council. Appeals from the Planning Commission on Type II Administrative Appeals and Type III decisions are heard by City Council as follows:
   1. Who may appeal. The following people have legal standing to appeal a Type II Administrative Decision or Type III Decision from the Planning Commission to the City Council:
      1. The applicant or owner of the subject property;
      2. Any other person who participated in the proceeding by submitting oral or written comments.
   2. Appeal filing procedure.
      1. Notice of appeal. Any person with standing to appeal, as provided in subsection 1, above, may appeal a Type II Administrative Appeal or Type III Decision by filing a Notice of Appeal according to the following procedures.
      2. Time for filing. A Notice of Appeal of a Type II Administrative Appeal or Type III Decision shall be filed with the City Planning Official within ten (10) business days after the notice of decision is mailed.
      3. 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;
         4. If the appellant is not the applicant, a statement demonstrating that the appeal issues were raised during the comment period.
   3. Scope of review. An appeal of a Type II Administrative Appeal or a Type III Decision shall be limited to de novo review on the record of the decision being appealed.
   4. Review on the Record.
      1. For the purpose of de novo review on the record under section 3, above, the record shall include the following:
         1. A factual report prepared by the Planning Official;
         2. All exhibits, materials, pleadings, memoranda, stipulations, oral and written testimony and motions submitted to and received or considered by the Planning Commission in reaching the decision under review;
         3. The final order and findings of fact adopted by the Planning Commission;
         4. The Notice of Appeal filed by the appellant; and
         5. The minutes of the Planning Commission’s public hearings on the matter, including a transcript of the hearings if requested by or presented to the City Council.
      2. All parties to the hearing before the Planning Commission shall receive notice of the proposed hearing on de novo review on the record, indicating the date, time and place of the review, and of the right to present argument to the City Council as provided in subsection c., below.
      3. The City Council shall make its decision based upon the record after first granting the right to present argument, but not to introduce additional evidence, to the parties to the hearing before the Planning Commission.
      4. In considering the appeal, the City Council need only consider those matters specifically raised by the appellant. The City Council may consider other matters if it so desires.
      5. The appellant shall have the burden of proof and persuasion on appeal.
   5. The Decision Process.
      1. Basis for decision. Decisions on appeal to the City Council shall be based on standards and criteria in this Code. The decision on such appeal shall relate to the applicable Code standards and criteria.
      2. Findings and conclusions. The written decision 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 Council shall issue a final written order containing the findings and conclusions required in subparagraph b., which either approves, denies, or approves with specific conditions.
      4. Decision-making time limits. A final order on any appeal to the City Council shall be signed by the Mayor or President of the City Council and filed by the City Planning Official within ten (10) business days after the decision is made.
      5. Notice of Decision. Written notice of a decision on an appeal to the City Council shall be mailed to the applicant and to all participants of record within ten (10) business days after the decision is made. Failure of any person to receive mailed notice shall not invalidate the decision or action, provided that a good faith attempt was made to mail the notice.
      6. Final Decision and Effective Date. A decision of the City Council is final on the date it is mailed by the City. The decision is effective on the day after the appeal period for the decision expires.
   6. Further Appeal to LUBA. The City Council’s decision may be appealed to the State Land Use Board of Appeals pursuant to ORS 197.805 - 197.860.
      

1. Pre-Application Conference. A pre-application conference is required for all Type IV applications initiated by a party other than the City of John Day. The requirements and procedures for a pre-application conference are described in Section 5-4.1.060.C.
2. Timing of Requests. The City may establish a schedule for when it will accept legislative code amendment or plan amendment requests. The City Council may initiate its own legislative proposals at any time. Legislative requests are not subject to the 120-day review period under ORS 227.178.
3. Application Requirements.
   1. Application forms. Type IV applications shall be made on forms provided by the City Planning Official.
   2. Submittal Information. The application shall contain:
      1. The information requested on the application form;
      2. A map and/or plan if the proposed amendment is a map amendment;
      3. The required fee;
      4. An analysis of the Transportation Planning Rule as required by OAR 660-012; and
         
      5. One copy of a letter or narrative statement that explains how the application satisfies each and all of the relevant approval criteria and standards.
4. Notice of Hearing.
   1. Required hearings. A minimum of two (2) hearings, one before the Planning Commission and one before the City Council, are required for all Type IV applications.
   2. Notification requirements. Notice of public hearings for the request shall be given by the City Planning Official in the following manner:
      1. For quasi-judicial applications that affect a specific property (or properties), such as a proposed map amendment, at least twenty (20) days, but not more than forty (40) days, before the date of the first hearing on an ordinance that proposes to amend the comprehensive plan map, or to adopt an ordinance for any Land Use District Map Change, a notice shall be prepared in conformance with ORS 227.175 and mailed to:
         1. Each owner whose property would be rezoned in order to implement the ordinance (including owners of property subject to a comprehensive plan map amendment shall be notified if a zone change would be required to implement the proposed comprehensive plan map amendment);
         2. Any affected governmental agency;
         3. Any person who requests notice in writing;
         4. For a zone map change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175;
         5. Owners of airports shall be notified of a proposed zone map change in accordance with ORS 227.175.
      2. For legislative items, such as Comprehensive Plan text amendments or Development Code text amendments, at least ten (10) days before the scheduled Planning Commission public hearing date, and fourteen (14) days before the City Council hearing date, public notice shall be published in a newspaper of general circulation in the City.
      3. The City Planning Official shall:
         1. For each mailing of notice, file an affidavit of mailing in the record as provided by subsection a; and
         2. For each published notice, file in the record the affidavit of publication in a newspaper that is required in subsection b.
      4. The Oregon Department of Land Conservation and Development (DLCD) shall be notified electronically or in writing of proposed comprehensive plan and development code amendments at least thirty-five (35) days before the first public hearing at which public testimony or new evidence will be received.
      5. Notifications for annexation shall follow the provisions of this Chapter.
   3. Content of notices. The mailed and published notices shall include the following information:
      1. The number and title of the file containing the application, and the address and telephone number of the City Planning Official’s office where additional information about the application can be obtained;
      2. The proposed site location;
      3. A description of the proposed site and the proposal in enough detail for people to determine what change is proposed, and the place where all relevant materials and information may be obtained or reviewed;
      4. 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 this title and rules of procedure adopted by the Council and available at City Hall (See Section 5-4.1.050.E); and
      5. Each mailed notice required by Section 5-4.1.050.D shall contain the following statement: “Notice to mortgagee, lien holder, vendor, or seller: The City of John Day Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser.”
   4. Failure to receive notice. The failure of any person to receive notice shall not invalidate the action, providing:
      1. Personal notice is deemed given where the notice is deposited with the United States Postal Service;
      2. Published notice is deemed given on the date it is published.
5. Hearing Process and Procedure.
   1. Unless otherwise provided in the rules of procedure adopted by the City Council:
      1. The presiding officer of the Planning Commission and of the City Council 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.
      2. No person shall address the Commission or the Council without:
         1. Receiving recognition from the presiding officer; and
         2. Stating their full name and address.
      3. 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. Unless otherwise provided in the rules of procedures adopted by the Council, the presiding officer of the Commission and of the Council shall conduct the hearing as follows:
      1. 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;
      2. The City Planning Official’s report and other applicable staff reports shall be presented;
      3. The public shall be invited to testify;
      4. The public hearing may be continued to allow additional testimony or it may be closed; and
      5. The body’s deliberation may include questions to the staff, comments from the staff, and inquiries directed to any person present.
6. 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.
7. Decision-Making Criteria. The recommendation by the Planning Commission and the decision by the City Council shall be based on the following factors:
   1. Approval of the request is consistent with the Statewide Planning Goals;
   2. Approval of the request is consistent with the Comprehensive Plan; and
   3. The property and affected area is presently provided with adequate public facilities and services, including transportation, sewer and water systems, to support the use, or such facilities and services are provided for in adopted City plans and can be provided concurrently with the development of the property.
8. Approval Process and Authority.
   1. The Planning Commission shall:
      1. After notice and a public hearing, vote on and prepare a recommendation to the City Council to approve, approve with modifications, approve with conditions, deny the proposed change, or adopt an alternative; and
      2. Within fourteen (14) business days of determining a recommendation, the presiding officer shall sign the written recommendation, and it shall be filed with the City Planning Official.
   2. Any member of the Planning Commission who votes in opposition to the Planning Commission’s majority recommendation may file a written statement of opposition with the City Planning Official before the Council public hearing on the proposal. The City Planning Official shall send a copy to each Council member and place a copy in the record;
   3. If the Planning Commission fails to adopt a recommendation to approve, approve with modifications, approve with conditions, deny the proposed change, or adopt an alternative proposal within sixty (60) days of its first public hearing on the proposed change, the City Planning Official shall:
      1. Report the failure together with the proposed change to the City Council; and
      2. Provide notice and put the matter on the City Council’s agenda for the City Council to hold a public hearing make a decision. The Commission shall take no further action.
   4. The City Council shall:
      1. 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;
      2. Consider the recommendation of the Planning Commission; however, the City Council is not bound by the Commission’s recommendation; and
      3. Act by ordinance, which shall be signed by the Mayor after the Council’s adoption of the ordinance.
9. Vote Required for a Legislative Change.
   1. A vote by a majority of the qualified voting members of the Planning Commission present is required for a recommendation for approval, approval with modifications, approval with conditions, denial or adoption of an alternative.
   2. A vote by a majority of the qualified members of the City Council present is required to decide any motion made on the proposal.
10. 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 five (5) business days after the City Council decision is filed with the City Planning Official. The City shall also provide notice to all persons as required by other applicable laws.
11. Final Decision and Effective Date. A Type IV 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.
12. Record of the Public Hearing.
    1. A verbatim record of the proceeding shall be made by stenographic, mechanical, or electronic means. It is not necessary to transcribe an electronic record verbatim, but the meeting minutes shall be filed in hardcopy form with the City Recorder. The minutes and other evidence presented as a part of the hearing shall be part of the record;
    2. All exhibits received and displayed shall be marked to provide identification and shall be part of the record;
    3. The official record shall include:
       1. All materials considered by the hearings body;
       2. All materials submitted by the City Planning Official to the hearings body regarding the application;
       3. The verbatim record made by the stenographic, mechanical, or electronic means; the minutes of the hearing; and other documents considered;
       4. The final ordinance;
       5. All correspondence; and
       6. A copy of the notices that were given as required by this Chapter.
          

1. 120-day Rule. The City shall take final action on Type I, II, and III permit applications that 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. (The 120-day rule does not apply to Type IV legislative decisions - plan and code amendments - under ORS 227.178.)
2. 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 or legal holiday, including Sunday, in which event, the period runs until the end of the next day which is not a Saturday or legal holiday.
3. Pre-application Conferences.
   1. Participants. When a pre-application conference is required, the applicant shall meet with the City Planning Official and other City or agency representatives as appropriate;
   2. Information provided. At such conference, the City Planning Official shall:
      1. Cite the comprehensive plan policies and map designations applicable to the proposal;
      2. Cite the ordinance provisions, including substantive and procedural requirements applicable to the proposal;
      3. Provide available technical data and assistance that will aid the applicant;
      4. Identify other governmental policies and regulations that relate to the application; and
      5. Reasonably identify other opportunities or constraints concerning the application.
   3. Disclaimer. Failure of the City Planning Official or his/her designee to provide any of the information required by this Section 5-4.1.060.C 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.
4. Acceptance and Review of Applications.
   1. Initiation of applications:
      1. Applications for approval under this Chapter may be initiated by:
         1. Order of City Council;
         2. Resolution of the Planning Commission;
         3. The City Planning Official;
         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.
      2. 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.
      1. 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 Commission, or the City Planning Official.
      2. 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 land use district 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:
      1. Acceptance. When the City receives an application, the City Planning Official 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.
      2. Completeness.
         1. Review and notification. After the application is accepted, the City Planning Official shall review the application for completeness. If the application is incomplete, the Planning Official shall notify the applicant in writing of exactly what information is missing within thirty (30) days of receipt of the application and allow the applicant 180 days to submit the missing information, or fourteen (14) days to submit a refusal statement;
         2. Application deemed complete for review. In accordance with the application submittal requirements of this Chapter, the City Planning Official, upon receiving all information required to process an application, shall deem the application complete. The applicant shall have the option of withdrawing the application, or refusing to submit information requested by the City Planning Official in Section 5-4.1.060.D.3.b(1), above. For the refusal to be valid, the refusal shall be made in writing and received by the City Planning Official no later than fourteen (14) days after the date on the City Planning Official’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 Planning Official first accepted the application.
         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 it was first accepted.
         4. Coordinated Review. The Planning Official shall submit the application to the Public Works Director, road authority, and County, State, and federal review agencies, as applicable, for their review and comment.
   4. Changes or additions to the application during the review period. Once an application is deemed complete:
      1. All documents and other evidence relied upon by the applicant shall be submitted to the City Planning Official at least seven (7) days before the notice of action or hearing is mailed, if possible. Documents or other evidence received by the Planning Official after that date shall be transmitted to the hearings body but may or may not be addressed by the staff report and therefore may cause a delay in the hearing body’s review;
      2. When documents or other evidence are submitted by the applicant during the review period but after the application is deemed complete, the assigned review person or body shall determine whether or not the new documents or other evidence submitted by the applicant significantly change the application;
      3. If the assigned reviewer determines that the new documents or other evidence significantly change the application, the reviewer shall include a written determination that a significant change in the application has occurred as part of the decision. In the alternate, the reviewer 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;
      4. 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 5-4.1.060.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;
      5. 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.
5. City Planning Official’s Duties. The City Planning Official shall:
   1. Prepare application forms based on the criteria and standards in applicable state law, the City’s comprehensive plan, and implementing ordinance provisions;
   2. Accept all development applications that comply with Section 5-4.1.060;
   3. Prepare a staff report that summarizes the application(s) and applicable decision criteria, and provides findings of conformance and/or non-conformance with the criteria. The staff report may also provide a recommended decision of: approval; denial; or approval with specific conditions that ensure conformance with the approval criteria;
   4. Prepare a notice of the proposal decision:
      1. In the case of an application subject to a Type I or II review process, the City Planning Official shall make the staff report and all case-file materials available at the time that the notice of the decision is issued;
      2. In the case of an application subject to a hearing (Type III or IV), the City Planning Official shall make the staff report available to the public at least seven (7) days prior to the scheduled hearing date, and make the case-file materials available when notice of the hearing is mailed, as provided by Sections 5-4.1.030.C (Type II), 5-4.1.040.C (Type III), or 5-4.1.050.D (Type IV);
   5. Administer the hearings process;
   6. File notice of the final decision in the City’s records and mail a copy of the notice of the final decision to the applicant; all persons who provided comments or testimony; persons who requested copies of the notice; and any other persons entitled to notice by law;
   7. Maintain and preserve the file for each application for the time period required by law. The file shall include, as applicable, a list of persons required to be given notice and a copy of the notice given; the affidavits of notice; the application and all supporting information; the staff report; the final decision including the findings, conclusions and conditions, if any; all correspondence; minutes of any meeting at which the application was considered; and any other exhibit, information or documentation which was considered by the decision-maker(s) on the application; and
   8. Administer the appeals and review process.
6. Amended Decision Process.
   1. The purpose of an amended decision process is to allow the City Planning Official to correct typographical errors, rectify inadvertent omissions and/or make other minor changes that do not materially alter the decision.
   2. The City Planning Official may issue an amended decision after the notice of final decision has been issued but before the appeal period has expired. If such a decision is amended, the decision shall be issued within fourteen (14) business days after the original decision would have become final, but in no event beyond the 120-day period required by state law. A new appeal period, as specified for Type II or Type III actions, as applicable, shall begin on the day the amended decision is issued.
   3. Notice of an amended decision shall be given using the same mailing and distribution list as for the original decision notice.
   4. Modifications to approved plans or conditions of approval requested by the applicant shall follow the procedures in Chapter 5-4.6. All other changes to decisions that are not modifications under Chapter 5-4.6 follow the appeal process.
7. Re-submittal of Application Following Denial. An application that has been denied, or an application that was denied and 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 twelve (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 that would change the outcome, as determined by the City Planning Official.
8. Appeal Process. Refer to Section 5-4.1.030(G) for appeal of Type II decision and Section 5-4.1.040(F) for appeal of Type III decision.
   

1. Expedited Land Divisions. An Expedited Land Division (“ELD”) shall be defined and may be used as provided under ORS 197.360 through 197.380.
   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. All applications for Expedited Land Divisions shall comply with ORS 197.360 through 197.380 and the City of John Day Comprehensive Plan; ORS 197.360 through ORS 197.380 details the criteria, application and notice requirements, and action and appeal procedures for expedited land divisions.
   3. Appeal procedure. An appeal of an ELD shall follow the procedures in ORS 197.375. Where the City has not otherwise appointed a hearings officer (referee) for such appeals, and the City Attorney is a Contractor (not a city employee), the City Attorney shall serve as the referee for ELD appeals.
2. [Reserved]
   

1. Purpose and Applicability. Applicants for project proposals requiring a public hearing are required to contact neighboring property owners and offer to a hold meeting with them prior to submitting a land use application. This is to ensure that affected property owners are given an opportunity to preview a proposal and offer input to the applicant before a plan is formally submitted to the City, thereby raising any concerns about the project and the project’s compatibility with surrounding uses early in the design process when changes can be made relatively inexpensively.
2. Notice. Except as waived by the City Planning Official, notice of the meeting must be given in writing and delivered in person or by certified mail, return receipt requested, to all of the property owners whose property is located within 100 feet of the site, at their addresses of record at the Grant County Assessor’s office, at least 14 days before the meeting and at least 21 days before submitting the application to the City. The notice must state the time, place and purpose of the meeting, including a description of the proposed development. The Planning Official may waive the notification and meeting procedures where the applicant submits written consents from all owners of property within 100 feet of the site declining the meeting invitation. The applicant must make a good faith effort to meet with the neighbors.
3. Meeting place, date and time. Where a meeting with neighbors is required it must be held within the City limits at a location obtained or provided by the applicant with sufficient room for the expected attendance. Reasonable accommodations must be made for persons with disabilities. The meeting must be scheduled at a date and time reasonably calculated to allow maximum participation by interested property owners.
4. Conduct of meeting. At the meeting, the applicant, or the applicant’s agent, must present sufficient information about the proposed development to inform the property owners in attendance of the nature of the proposal and impacts it may have on neighboring properties, including transportation impacts. Persons attending must be allowed to ask questions and make comments. The applicant, or the applicant’s agent, must make a sound, video or digital recording or keep written minutes of the meeting that give a true reflection of the matters discussed at the meeting and the views of the participants. The applicant must also make a list of names of persons attending the meeting.
5. Filing requirements. Proof of having held the meeting, even if no affected property owners attend, is required and must be submitted to the City with a land use application for the application to be deemed complete. Copies of the following information must accompany the land use application: a copy of the notice mailed, certified mail return receipts and all addresses for which notice was mailed (e.g., copy of mailing labels), a certificate of personal service as to those persons who were provided notice by personal service (including the date of service and the name of the person who provided service), a record or minutes of the meeting with a list of attendees, and copies of the meeting notice and all other written materials provided prior to or distributed at the meeting.

(Amended by Ord. No. 12-151-01, January 10, 2012)

The purpose of this section of the code is to assist in determining which road authorities participate in land use decisions, and to implement Section 660-012-0045 (2) (e) of the State Transportation Planning Rule that requires the City to adopt a process to apply conditions to development proposals in order to minimize impacts and protect transportation facilities. This Chapter establishes the standards for when a proposal must be reviewed for potential traffic impacts; when a Traffic Impact Analysis must be submitted with a development application in order to determine whether conditions are needed to minimize impacts to and protect transportation facilities; what must be in a Traffic Impact Analysis; and who is qualified to prepare the analysis.

1. When a Traffic Impact Analysis is Required. The City or other road authority with jurisdiction may require a Traffic Impact Analysis (TIA) as part of an application for development, a change in use, or a change in access. The current version of the Institute of Transportation Engineers Trip Generation Manual shall be used as a source for estimating development-generated traffic. A TIA shall be required when a land use application involves one or more of the following actions:
   1. A change in zoning or a plan amendment designation;
   2. Any proposed development or land use action that a road authority states may have operational or safety concerns along its facility(ies);
   3. An increase in site traffic generation by 300 Average Daily Trips (ADT) or more;
   4. An increase in peak hour traffic volume of a particular turning movement to and from an arterial street, including State highways, by 20 percent or more;
   5. An increase in use of adjacent streets by vehicles exceeding the 20,000 pound gross vehicle weights by 10 vehicles or more per day;
   6. The location of the access driveway does not meet minimum sight distance requirements, or is located where vehicles entering or leaving the property are restricted, or such vehicles queue or hesitate on the State highway, creating a safety hazard;
   7. A change in internal traffic patterns that may cause safety problems, such as back up onto a street or greater potential for traffic accidents.
2. Traffic Impact Analysis Preparation. A professional engineer in accordance with the requirements of the road authority shall prepare a Traffic Impact Analysis. If the road authority is the Oregon Department of Transportation (ODOT), the applicant shall consult ODOT’s regional development review planner and OAR 734-051-180.

The purpose of this Chapter is to:

1. Provide rules, regulations and standards for efficient and effective administration of land use and site development review;
2. Carry out the development pattern and plan of the City and its comprehensive plan policies;
3. Promote the public health, safety and general welfare;
4. Provide adequate light and air, prevent overcrowding of land, and provide for adequate transportation, water supply, sewage, fire protection, pollution control, surface water management, and protection against natural hazards;
5. Encourage the conservation of energy resources; and
6. Encourage efficient use of land resources, full utilization of urban services, mixed uses, transportation options, and detailed, human-scaled design.
   

Land Use Review or Site Design Review shall be required for all new developments and modifications of existing developments described below. Regular maintenance, repair and replacement of materials (e.g., roof, siding, awnings, etc.), parking resurfacing and similar maintenance and repair shall be exempt from review.

1. Land Use Review – Exemptions from Site Design Review. Land Use Review is conducted by the City Planning Official without a public hearing (Type I or II). (See Chapter 5-4.1 for review procedure.) It is intended to ensure compliance with land use regulations when a project proposal does not require a conditional use permit, land division, or site design review approval. Land Use Review ensures compliance with the standards of the land use district, such as lot area, building setbacks and orientation, lot coverage, maximum building height, special use standards, and other provisions of Article 5-2. Land Use Review is required for the types of proposals listed below. Proposals exceeding the thresholds below require Site Design Review, per Section 5-4.2.030.
   1. Change in occupancy from one type of land use to a different land use resulting in no increase in vehicular traffic;
   2. Single-family detached dwelling (including manufactured home) on its own lot;
   3. A single duplex, or up to two single family attached (town home) units not requiring a land division, and accessory parking on the same lot;
   4. Non-residential building addition of up to 500 square feet;
   5. Home occupation, except where Site Design Review is required under Chapter 5-4.9.020;
   6. Temporary uses, except where Site Design Review is required under Chapter 5-4.9.020;
   7. Accessory structures and accessory parking;
   8. Development and land uses that are already approved as part of a Site Design Review or Conditional Use Permit application, provided modifications to such plans may be subject to Chapter 5-4.6;
   9. Public improvements required by City standards or as stipulated by a condition of land use approval (e.g., transportation facilities and improvements, parks, trails, utilities, and similar improvements), as determined by the City Planning Official.
2. Site Design Review. Site Design Review is a discretionary review conducted by the Planning Official (Type II Review) or by the Planning Commission in a public meeting (Type II Review) or a public hearing (Type III Review). Site Design Review applies to all development in the City, except developments specifically listed under “A” above (Land Use Review). Site Design Review ensures compliance with the land use and development standards in Article 5-2, the design standards and public improvement requirements in Article 5-3, and other applicable regulations.

When Land Use Review is required, it shall be conducted prior to issuance of building permits, occupancy permit, business license, or public improvement permits, as determined by the City Planning Official. The City shall conduct Land Use Reviews using either a Type I or Type II procedure, as described in Sections 5-4.1.020 and 5-4.1.030. A Type I procedure shall be used when the Planning Official finds that the applicable standards are clear and objective and do not require the exercise of discretion. A Type II procedure shall be used when the decision is discretionary in nature. The City Planning Official shall be responsible for determining the required review procedure. An application for Land Use Review shall be approved only upon meeting all of the following criteria:

1. The proposed land use or development is permitted by the underlying land use district (Article 5-2);
2. 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 applicable overlay district(s) are met (Article 5-2); and
3. When development is proposed, the applicable sections of Article 5-3, Design Standards apply.

Note: Land Use Reviews do not address a project’s compliance with applicable building, fire and life safety regulations. Subsequent review by City officials may be required to determine compliance with applicable regulations.

Site Design Review shall be conducted using a Type II procedure, consistent with Chapter 5-4.1, except that proposals exceeding the thresholds below shall be reviewed using a Type III procedure:

1. The proposed use’s estimated vehicle trip generation exceeds 100 average daily trips, based on the latest edition of the Institute of Transportation Engineers (ITE) Manual. (This is the equivalent of approximately 10 dwelling units or a 1,000 square foot bank with drive-thru window.); or the use exceeds 5,000 square feet of gross leasable floor area; or the project involves more than one (1) acre total site area.
2. The proposal involves a conditional use.
3. The proposal involves an adjustment to a development standard, as provided under subsection 5-4.2.060(B).
4. The City Planning Official determines that, due to the nature of the proposal, a public hearing is the most effective way to solicit public input in reviewing the application.
5. The proposal involves expansion of a non-conforming use.
   

Both Type II and Type III Site Design Review applications shall conform to the application requirements and approval criteria in Sections 5-4.2.050 through 5-4.2.060. For information on Type II and Type III procedures, please refer to Chapter 5-4.1. All of the following information is required for Site Design Review application submittal, except where the Planning Official determines that some information is not pertinent and therefore is not required.

1. General Submission Requirements. An application for Site Design Review shall contain all of the information required for a Type II or Type III review, as applicable, under Sections 5-4.1.030-040, and provide:
   1. 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 during the required pre-application conference (Section 5-4.1.060C). The study shall address, at a minimum, the transportation system, including required improvements for vehicles and pedestrians, the drainage system, the parks system, the water system, and the sewer system. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards;
   2. Traffic Impact Analysis, if required by the City or other road authority. Traffic Impact Analysis shall conform to the standards and procedures in Section 5-4.1.090; and
   3. In situations where this Code requires the dedication of real property to the City, the City shall either (1) include in the written decision evidence that shows that the required property dedication is directly related to and roughly proportional to the projected impacts of the development on public facilities and services, or (2) not require the dedication as a condition of approval.
2. Site Design Review Information. In addition to the general submission requirements for a Type III review (Section 5-4.1.040) an applicant for Site Design Review shall provide the following additional information, as deemed applicable by the City Planning Official. The Planning Official may deem applicable any information that he or she needs to review the request and prepare a complete staff report and recommendation to the approval body:
   1. Site analysis map. At a minimum the site analysis map shall contain the following:
      1. 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;
      2. Topographic contour lines at 2-foot intervals for slopes, except where the Public Works Director determines that larger intervals will be adequate for steeper slopes;
      3. Identification of slopes greater than fifteen (15) percent, with slope categories identified in 5 percent increments (e.g., 0%-5%, >5%-10%, >10%-15%, >15%20%, and so on.);
      4. 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;
      5. Potential natural hazard areas, including, as applicable, the base flood elevation identified on FEMA Flood Insurance Rate Maps or as otherwise determined through site specific survey, areas subject to high water table, and areas designated by the City, County, or State as having a potential for geologic hazards;
      6. Resource areas, including marsh and wetland areas, streams, and wildlife habitat identified by the City or any natural resource regulatory agencies as requiring protection;
      7. Site features, including existing structures, pavement, large rock outcroppings, areas having unique views, and drainage ways, canals and ditches;
      8. Locally or federally designated historic and cultural resources on the site and adjacent parcels or lots;
      9. The location, size and species of trees and other vegetation having a caliper (diameter) of six (6) inches or greater at four feet above grade;
      10. North arrow, scale, names and addresses of all persons listed as owners of the subject property on the most recently recorded deed;
      11. Name and address of project designer, engineer, surveyor, and/or planner, if applicable.
   2. Proposed site plan. The site plan shall contain the following information:
      1. The proposed development site, including boundaries, dimensions, and gross area;
      2. Features identified on the existing site analysis maps that are proposed to remain on the site;
      3. Features identified on the existing site map, if any, which are proposed to be removed or modified by the development;
      4. The location and dimensions of all proposed public and private streets, drives, rights-of-way, and easements;
      5. 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;
      6. The location and dimensions of entrances and exits to the site for vehicular, pedestrian, and bicycle access;
      7. The location and dimensions of all parking and vehicle circulation areas (show striping for parking stalls and wheel stops);
      8. Pedestrian and bicycle circulation areas, including sidewalks, internal pathways, pathway connections to adjacent properties, and any bicycle lanes or trails;
      9. Loading and service areas for waste disposal, loading and delivery;
      10. Outdoor recreation spaces, common areas, plazas, outdoor seating, street furniture, and similar improvements;
      11. Location, type, and height of outdoor lighting;
      12. Location of mail boxes, if known;
      13. Name and address of project designer, if applicable;
      14. Locations of bus stops and other public or private transportation facilities;
      15. Locations, sizes, and types of signs;
   3. Architectural drawings. Architectural drawings showing one or all of the following shall be required for new commercial, commercial/residential, industrial and multifamily buildings, and major remodels of the same:
      1. Building elevations (as determined by the City Planning Official) with building height and width dimensions;
      2. Building materials, colors and type;
      3. The name of the architect or designer.
   4. Preliminary grading plan. A preliminary grading plan prepared by a registered engineer shall be required for development sites one-half (½) acre or larger. The preliminary grading plan shall show the location and extent to which grading will take place, indicating general changes to contour lines, slope ratios, slope stabilization proposals, and location and height of retaining walls, if proposed. Surface water detention and treatment plans may also be required, in accordance with Section 5-3.4.040.
   5. Landscape plan. Where a landscape plan is required, it shall show the following:
      1. The location and height of existing and proposed fences, buffering or screening materials;
      2. The location of existing and proposed terraces, retaining walls, decks, patios, shelters, and play areas;
      3. The location, size, and species of the existing and proposed plant materials (at time of planting);
      4. Existing and proposed building and pavement outlines;
      5. Specifications for soil at time of planting, irrigation if plantings are not droughttolerant (may be automatic or other approved method of irrigation) and anticipated planting schedule;
      6. Other information as deemed appropriate by the City Planning Official. An arborist’s report may be required for sites with mature trees that are protected under Chapter 5-3.2. Landscape, Street Trees, Fences and Walls of this Code.
   6. Deed restrictions. Copies of all existing and proposed restrictions or covenants, including those for access control.
   7. Narrative. Letter or narrative report documenting compliance with the applicable approval criteria contained in Section 5-4.2.060 Approval Criteria.
   8. Traffic Impact Analysis, when required, shall be prepared in accordance with the road authority’s requirements. See Section 5-4.1.090, and Section 5-3.4.010 for relevant standards.
   9. Other information determined by the City Planning Official. The City may require studies or exhibits prepared by qualified professionals to address specific site features or project impacts (e.g., traffic, noise, environmental features, natural hazards, etc.), in conformance with this Code.

1. Approval Criteria. An application for Site Design Review shall be approved if the proposal meets all of the following criteria. The City decision making body may, in approving the application may impose reasonable conditions of approval, consistent with the applicable criteria:
   1. The application is complete, as determined in accordance with Chapter 5-4.1 - Types of Applications and Section 5-4.2.050, above.
   2. The application complies with all of the applicable provisions of the underlying Land Use District (Article 5-2), including: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards;
   3. The applicant shall be required to upgrade any existing development that does not comply with the applicable land use district standards, in conformance with Chapter 5-5.2, Non-Conforming Uses and Development;
   4. The proposal complies with all of the Design Standards in Article 5-3:
      1. Chapter 5-3.1 - Access and Circulation;
      2. Chapter 5-3.2 - Landscaping, Significant Vegetation, Street Trees, Fences and Walls;
      3. Chapter 5-3.3 - Parking and Loading, for automobiles and bicycles;
      4. Chapter 5-3.4 - Public Facilities and Franchise Utilities;
      5. Chapter 5-3.5 - Signs;
      6. Chapter 5-3.6 - Other Standards.
   5. Adverse impacts to adjacent properties, such as light, glare, noise, odor, vibration, smoke, dust, or visual impact are avoided; or where impacts cannot be avoided, they are minimized.
   6. Existing conditions of approval required as part of a prior land use decision, if any, are be met.
      
   Compliance with other City codes and requirements, though not applicable land use criteria, may be required prior to issuance of building permits.
2. Adjustments. Where this Code specifically authorizes an Adjustment to a Code standard through Site Design Review (Type III), the Planning Commission may approve such Adjustment only upon finding it equally or better meets the purpose and intent of the Code provision that is to be Adjusted; the Planning Commission shall consider the purpose and intent of all relevant Code chapters and sections. In addition, the Planning Commission shall find the Adjustment, as compared to the standard Code requirement, does not create incompatibilities between existing and proposed development relative land use, traffic patterns, noise, light, glare, odor, emissions, vibration, building design, streetscape appearance and functionality, or similar types of impacts.

Public improvement required as part of a Site Design Review approval shall be subject to the performance guarantee and warranty bond provisions of Section 5-3.4.090, as applicable.

Development shall not commence until the applicant has received all of the appropriate land use and development approvals (i.e., 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 5-4.2.070. Development Review and Site Design Review approvals shall be subject to all of the following standards and limitations:

1. Modifications to Approved Plans and Developments. Minor modifications of an approved plan or existing development, as defined in Chapter 5-4.6, shall be processed as a Type I or Type II procedure and require only Land Use Review. Major modifications, as defined in Chapter 5-4.6, shall be processed as a Type III procedure and shall require Site Design Review. For information on Type I, Type II and Type III procedures, please refer to Chapter 5-4.1. For Modifications approval criteria, please refer to Chapter 5-4.6.
2. Approval Period. Development Review and Site Design Review approvals shall be effective for a period of one (1) year from the date of approval. The approval shall lapse if:
   1. A public improvement plan or building permit application for the project has not been submitted within one year of approval; or
   2. Construction on the site is in violation of the approved plan.
3. Extension. The Planning Official, upon written request by the applicant, may grant a written 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 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.
4. 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 Planning Commission 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 2 years without reapplying for site design review.
   3. Approval of a phased site design review proposal requires satisfaction of all of the following criteria:
      1. The public facilities required to serve each phase are constructed in conjunction with or prior to each phase;
      2. 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 5-4.3.110. A temporary public facility is any facility not constructed to the applicable City or district standard, subject to review by the Public Works Director;
      3. 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
      4. A request to phase a project may be approved after Site Design Review approval as a modification to the approved plan, pursuant Chapter 5-4.6.
         

The purpose of this chapter is to:

1. Provide rules, regulations and standards governing the approval of subdivisions, partitions and lot line adjustments as follows:
   1. Subdivisions are the creation of four or more lots from one parent lot, parcel or tract, within one calendar year.
   2. Partitions are the creation of three or fewer lots within one calendar year.
   3. Lot line adjustments are modifications to lot lines or parcel boundaries that do not result in the creation of new lots (includes consolidation of lots).
2. Carry out the City’s development pattern, as envisioned by the City’s comprehensive plan.
3. Encourage efficient use of land resources, full utilization of urban services, and transportation options;
4. Promote the public health, safety and general welfare through orderly and efficient urbanization;
5. Provide adequate light and air, prevent overcrowding of land, and provide for adequate transportation, water supply, sewage, fire protection, pollution control, surface water management, and protection against natural hazards; and
6. Encourage the conservation of energy resources.

1. Subdivision and Partition Approval Through Two-step Process. Applications for subdivision or partition approval shall be processed by means of a preliminary plat evaluation and a final plat evaluation, according to the following two steps:
   1. The preliminary plat must be approved before the final plat can be submitted for approval consideration; and
   2. The final plat must include all conditions of approval of the preliminary plat.
2. Compliance With Oregon Revised Statutes (ORS) Chapter 92. All subdivision and partition proposals shall conform to state regulations in Oregon Revised Statute (ORS) Chapter 92, Subdivisions and Partitions.
3. Future Re-division Plan. When subdividing or partitioning tracts into large lots (i.e., greater than two times or 200 percent 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 in accordance with the requirements of the land use district and this Code. A re-division plan shall be submitted for large lots identifying:
   1. Potential future lot division(s), consistent with the density and minimum lot size standards of Article 5-2;
   2. Potential street right-of-way alignments to serve future development of the property and connect to adjacent properties, including existing or planned rights-of-way;
   3. A disclaimer that the plan is a conceptual plan intended to show potential future development. It shall not be binding on the City or property owners, except as may be required through conditions of land division approval. For example, dedication and improvement of rights-of-way within the future plan area may be required to provide needed secondary access and circulation.
4. Lot Size Averaging. Single family residential lot size may be averaged to allow lots less than the minimum lot size in Residential districts, pursuant to Section 5-2.2.030, or through approval of a Master Planned Development under Chapter 5-4.5.
5. Temporary Sales Office. A temporary sales office in conjunction with a subdivision may be approved as set forth in Section 5-4.9.010, Temporary Uses, and subject to the requirements for mobile homes and recreational vehicles in Chapter 5-2.2.100, as applicable.
6. Minimize Flood Damage. All subdivisions and partitions shall be designed based on the need to minimize the risk of flood damage. No new building lots shall be created entirely within a floodway. All new lots shall be buildable without requiring development within the floodway and, where possible, allow building outside of the flood fringe. Development in a 100-year flood plain shall comply with the National Flood Insurance Program, State building code requirements, including elevating structures above the base flood elevation, and the City of John day Flood Plain Overlay The applicant shall be responsible for obtaining floodplain development permit from the NFIP and local jurisdiction.
7. Determination of Base Flood Elevation. Where a development site consists of five (5) or more acres or 50 or more lots, and is located in or near areas prone to inundation for which the base flood elevation has not been mapped, the applicant shall have the base flood elevation it shall be prepared by a qualified professional as part of the land division application.
8. Need for Adequate Utilities. All lots created through land division shall have adequate public utilities and facilities such as sewer, gas, electrical, and water systems. These systems shall be located and constructed to prevent or minimize flood damage, and to avoid impairment of the system and contamination from them during flooding.
9. Need for 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.
10. Floodplain, Park, and Open Space Dedications. Where land filling and/or development is allowed within or adjacent to regulatory flood plain and the Comprehensive Plan designates the subject flood plain for park, open space, or trail use, the City may require the dedication of sufficient open land area for a greenway and/or trail adjoining or within the flood plain for transportation, storm drainage/water quality, or park purposes in the public interest. When practicable, this area shall include portions at a suitable elevation for the construction of a multi-use pathway in accordance with the City’s adopted trails plan or pedestrian and bikeway plans, as applicable. The City shall evaluate individual development proposals and determine whether the dedication of land is justified based on the development’s impact to the park and/or trail system, or as may be required for stormwater management.
    

1. Purpose. Section 5-4.3.030 requires the pre-planning of large sites in conjunction with annexation requests, and applications for large subdivisions including master plan developments; the purpose of which is to plan the development of pedestrian-oriented neighborhoods with a mix of housing opportunities, open space, and services at an appropriate neighborhood scale. The intent is to minimize traffic congestion, suburban sprawl, infrastructure costs, and environmental degradation, particularly as large parcels of land are committed to urban development.
2. Applicability. This Section applies to land use applications and annexations affecting more than 40 acres of land under the same contiguous ownership. For the purposes of this Section, the same contiguous ownership means a majority share of ownership is controlled by the same individual, or group of individuals, corporations, or other entities.
3. Area plan required. Prior to submittal of an annexation petition or land division application for an area subject to Section 5-4.3.030, a conceptual master plan shall be submitted to the City Planning Official with the required pre-application materials for the project or proposal. The conceptual master plan shall illustrate the type and location of planned streets, utility corridors, parks, open spaces, and land uses for the subject site and all lands under contiguous ownership. The plan shall demonstrate how future development, including any proposed phasing, can meet the guidelines under subsection D, below.
4. Land use and design standards. The conceptual plan required under subsection C shall be consistent with the following design criteria:
   1. All neighborhoods have identifiable centers and outer boundaries;
   2. Edge lots are readily accessible to neighborhood commercial uses, if any, and recreational uses by walking and bicycling;
   3. Land uses are mixed to the extent allowed by this Code;
   4. Where a variety of housing is required by this Code, different housing types and a range of lot sizes are located in close proximity to one another;
   5. Streets are interconnected to the extent practicable; blocks are walkable in scale (e.g., 200-600 feet in length), except where topography, existing development, or other physical features require longer blocks, which case pedestrian access ways connect through long blocks;
   6. Civic buildings, monuments and/or open spaces (e.g., parks, squares, greenbelts, natural areas, etc.), and scenic viewing points are given prominent sites throughout the neighborhood;
   7. Overall, the master plan achieves a housing density that is consistent with the Comprehensive Plan and Development Code; and
   8. The plan reserves land needed for public use (e.g., schools, parks, fire stations, and other facilities), in accordance with the Comprehensive Plan and to the extent allowed under applicable law.
5. Implementation. The City will review the conceptual master plan required by this Section and provide input to the applicant during the pre-application meeting for the land use application or annexation petition, as applicable. The City may also refer the plan to outside agencies with jurisdiction (e.g., roadway authority) for their input. The master plan is not binding but the applicant is encouraged to refine the plan based on the City input before submitting a land use application or annexation petition for the subject property. The applicant is also required to contact adjacent property owners and solicit their input prior to submitting a land use application, pursuant to Section 5-4.1.080.
   

1. Flexible Lot Size. To allow flexibility in subdivision design and to address physical constraints, such as topography, existing development, significant trees and other natural and built features, the approval body may grant a ten (10) percent modification to the lot area and/or lot dimension (width/depth) standards in Section 5-2.2.030, provided that the overall density of the subdivision does not exceed the allowable density of the district and the approval body finds that granting the modification allows for a greater variety of housing types or plans (e.g., single story and two-story) or it improves development compatibility with natural features or adjacent land uses. The approval body may require that standard size lots be placed at the perimeter of the development where the abutting lots are standard size or larger; except that this provision shall not apply where the abutting lots are larger than 20,000 square feet.
2. Mid-block lanes. Lots may be developed without frontage onto a public street when mid-block lanes, as generally illustrated in Figure 5-4.3.040B, provide access to lots. Mid-block lanes may be required when practicable to provide connectivity between infill developments. Mid-block lanes with access easements for adjoining properties may be allowed as an alternative to requiring through streets where block lengths do not necessitate a through street. Such lanes shall meet the standards for alleys, per Chapter 5-3.4.010 and the standards under subsections C-F, below.
   
   Figure 5-4.3.040B - Mid-block
   
   
3. Flag lots. Flag lots may be created only when a through street or mid-block lanes cannot be extended to serve abutting uses or future development. A flag lot driveway (“flag pole”) may serve no more than two (2) dwelling units, including accessory dwellings and dwellings on individual lots, unless Uniform Fire Code (UFC) standards are met for more units. When UFC standards are met, the maximum number of dwellings shall be four (4). A drive serving more than one lot shall have a reciprocal access and maintenance easement recorded for all lots. No fence, structure or other obstacle shall be placed within the drive area. The Fire Marshal may require an emergency turn-around. Fire sprinklers may also be required for buildings that cannot be fully served by fire hydrants (i.e., due to distance from hydrant or insufficient fire flow).
4. Driveway and lane width. The minimum width of all shared drives and lanes shall be 12 feet; the maximum width is twenty (20) feet, except as required by the Uniform Fire Code.
5. Easement and improvement of drive lane. The property owner shall record a 20-foot easement benefiting all properties that are to receive vehicle access. The drive lane shall be improved with an all weather surface approved by the City. Dedication or recording, as applicable, shall be so indicated on the face of the subdivision or partition plat.
6. Maximum drive lane length. The maximum drive lane length is subject to requirements of the Uniform Fire Code, but shall not exceed 150 feet for a shared side drive, and 400 feet for a shared rear lane.
7. Future street plans. Building placement and alignment of shared drives shall be designed so that future street connections can be made as surrounding properties develop (i.e., as shown in the Figure 5-4.3.040.B)

1. Review of Preliminary Plat. Review of a preliminary plat with two (2) or three (3) lots (partition), or a replat involving two (2) or three (3) lots, and not exceeding one (1) acre shall be processed using a Type II procedure, under Section 5-4.1.030. Preliminary plats involving four (4) or more lots (subdivision), replats involving four (4) or more lots, partitions and property line adjustments within the Park Reserve Zone, and partitions larger than one (1) acre shall be processed using a Type III procedure under Section 5-4.1.040. All preliminary plats shall be reviewed using approval criteria in Section 5-4.3.070. An application for subdivision may be reviewed concurrently with an application for a Master Planned Development under Chapter 5-4.5.
2. Review of Final Plat. Review of a final plat for a subdivision or partition shall be processed using a Type I procedure under Section 5-4.1.020, using the approval criteria in Section 5-4.3.090, except where the Planning Official requires that a Type II or Type III procedure is required due to changes the applicant proposes to the preliminary plat.
3. Preliminary Plat Approval Period. Preliminary plat approval shall be effective for a period of two (2) years from the date of approval. The preliminary plat shall lapse if a final plat has not been submitted within the 2-year period. The Planning Commission may approve phased projects, including master planned developments, with overall time tables of more than two (2) years between preliminary and final plat approvals.
4. 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 5-4.6 - Modifications. The City Planning Official may, upon written request by the applicant and payment of the required fee, grant one written extension of the approval period not to exceed one year; provided that:
   1. Any changes to the preliminary plat follow the procedures in Chapter 5-4.6;
   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.
5. 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 more than 2 years without reapplying for a preliminary plat;
   2. The criteria for approving a phased land division proposal are:
      1. Public facilities shall be constructed in conjunction with or prior to each phase;
      2. 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 Section 5-4.3.110. A temporary public facility is any facility not constructed to the applicable City or district standard;
      3. The phased development shall not result in requiring the City or a third party (e.g., owners of lots) to construct public facilities that were required as part of the approved development proposal; and
      4. The proposed time schedule for phased development approval shall be reviewed concurrently with the preliminary plat application, and the decision may be appealed in the same manner as the preliminary plat.
         

1. General Submission Requirements. For all partitions (three or fewer parcels), the application shall contain all of the information required for a Type II procedure under Section 5-4.1.030, except as may be waived by the Planning Official. For all subdivisions (four or more lots) the application shall contain all of the information required for a Type III procedure under Section 5-4.1.040, and the information in subsections 1-3, below:
   1. 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 during the required pre-application conference (Section 5-4.1.060C). The study shall address, at a minimum, the transportation system, including pedestrian ways and bikeways, the drainage system, the parks system, the water system, and the sewer system. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users;
   2. Traffic Impact Analysis, if required by the road authority. Traffic Impact Studies shall conform to the standards and procedures in Section 5-4.1.090; and
   3. In situations where this Code requires the dedication of real property to the City, the City shall either (1) include in the written decision evidence that shows that the required property dedication is directly related to and roughly proportional to the projected impacts of the development on public facilities and services, or (2) delete the dedication as a condition of approval.
2. 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:
      1. Name of subdivision (not required for partitions). This name must not duplicate the name of another subdivision in Grant County (please check with County Surveyor);
      2. Date, north arrow, and scale of drawing;
      3. Location of the development sufficient to define its location in the City, boundaries, and a legal description of the site;
      4. A title block including the names, addresses and telephone numbers of the owners of the subject property and, as applicable, the designer, and engineer and surveyor if any, and the date of the survey if submitted; and
      5. Identification of the drawing as a “preliminary plat”.
   2. Site analysis:
      1. Streets: Location, name, present width of all streets, alleys and rights-of-way on and abutting the site;
      2. Easements: Width, location and purpose of all existing easements of record on and abutting the site;
      3. Utilities: Location and identity of all utilities on and abutting the site. If water mains and sewers are not on or abutting the site, indicate the direction and distance to the nearest one and show how utilities will be brought to standards;
      4. Ground elevations shown by contour lines at 2-foot vertical interval, except where the Public Works Director determines that larger intervals are adequate; i.e., for steep slopes. Such ground elevations shall be related to some established benchmark or other datum approved by the County Surveyor; the Director may waive this standard when grades, on average, are less than 6 percent;
      5. The location and elevation of the closest benchmark(s) within or adjacent to the site (i.e., for surveying purposes);
      6. Potential natural hazard areas, including any areas identified as subject to a flood hazard as identified on FEMA Flood Insurance Rate Maps or as otherwise determined through site specific survey, areas subject to high water table, and areas designated by the City, County, or State as having a potential for geologic hazards;
      7. Sensitive lands, including wetland areas, streams, wildlife habitat, and other areas identified by the City or natural resource regulatory agencies as requiring protection;
      8. Site features, including existing structures, pavement, large rock outcroppings, areas having unique views, and drainage ways, canals and ditches;
      9. Designated historic and cultural resources on the site and adjacent parcels or lots;
      10. The location, size and species of trees having a caliper (diameter) of 6 inches or greater at 4 feet above grade in conformance with Chapter 5-3.2;
      11. North arrow and scale;
      12. Name and address of project designer, if applicable; and
      13. Other information, as deemed necessary by the City Planning Official for review of the application. The City may require studies or exhibits prepared by qualified professionals to address specific site features and code requirements.
   3. Proposed improvements:
      1. Public and private streets, tracts, driveways, open space and park land; location, names, right-of-way dimensions, approximate radius of street curves; and approximate finished street center line grades. All streets and tracts that are being held for private use and all reservations and restrictions relating to such private tracts shall be identified;
      2. Easements: location, width and purpose of all proposed easements;
      3. 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 proposed lots and tracts;
      4. Proposed uses of the property, including all areas proposed to be dedicated to the public or reserved as open space for the purpose of surface water management, recreation, or other use; potential location of future buildings;
      5. Proposed improvements, as required by Article 5-3 (Design Standards), and timing of improvements (e.g., in the case of streets, sidewalks, street trees, utilities, etc.);
      6. Preliminary location of development showing those future buildings can meet siting and dimensional standards of the district.
      7. The proposed source of domestic water;
      8. The proposed method of sewage disposal;
      9. Proposed method of surface water drainage and treatment if required;
      10. The approximate location and identity of other utilities, including the locations of street lighting fixtures;
      11. Proposed railroad crossing or modifications to an existing crossing, if any, and evidence of contact with the affected railroad and the Oregon Department of Transportation Rail Division regarding proposed railroad crossing(s);
      12. Changes to navigable streams, or other watercourses. Status of public access to these areas shall be shown on the preliminary plat, as applicable;
      13. Identification of the base flood elevation for development of more than 2 lots or ½ acre, whichever is less. Written evidence of initiation of a Federal Emergency Management Agency (FEMA) flood plain map amendment shall be required when development is proposed to modify a designated 100-year flood plain. FEMA approval of the amendment shall be a condition of City land use approval.
      14. Evidence of contact with from the road authority for any development requiring access to its facility(ies); and
      15. Evidence of written notice to the applicable natural resource regulatory agency(ies) for any development within or adjacent to jurisdictional wetlands, rivers, streams or other regulated water bodies.
          

1. 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 Development Code sections and all other applicable ordinances and regulations. At a minimum, the provisions of this Article, and the applicable chapters and sections of Article 5-2 (Land Use Districts) and Article 5-3 (Design Standards) shall apply. Where a variance is necessary to receive preliminary plat approval, the application shall also comply with the relevant sections of Article 5-5;
   2. The proposed plat name is not already recorded for another subdivision, and satisfies the provisions of ORS Chapter 92;
   3. The proposed streets, roads, sidewalks, bicycle lanes, pathways, utilities, and surface water management facilities 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;
   4. All proposed private common areas and improvements (e.g., homeowner association property) are identified on the preliminary plat; and
   5. Evidence that any required State and federal permits have been obtained, or shall be obtained before approval of the final plat;
   6. Evidence that improvements or conditions required by the City, road authority, Grant County, special districts, utilities, and/or other service providers, as applicable to the project, have been or can be met; and
   7. If any part of the site is located within an Overlay Zone, or previously approved Master Planned Development, it shall conform to the applicable regulations and/or conditions.
2. Layout and Design of Streets, Blocks and Lots. All proposed blocks (i.e., one or more lots bound by public streets), lots and parcels conform to the specific requirements below:
   1. All lots shall comply with the General Development Standards of the applicable land use district (Article 5-2), and the standards of Section 5-3.1.020.J Street Connectivity and Formation of Blocks.
   2. Setbacks shall be as required by the applicable land use district (Article 5-2).
   3. Each lot shall conform to the standards of Chapter 5-3.1 - Access and Circulation.
   4. Landscape or other screening may be required to maintain privacy for abutting uses. See Article 5-2 Land Use Districts and Chapter 5-3.2 Landscaping and Screening.
   5. In conformance with the Uniform Fire Code, a 20-foot width fire apparatus access drive shall be provided to serve all portions of a building that are located more than 150 feet from a public right-of-way or approved access drive. See Chapter 5-3.1 Access and Circulation.
   6. Where a common drive is to be provided to serve more than one lot, a reciprocal easement for access and maintenance rights shall be recorded with the approved subdivision or partition plat.
   7. All applicable engineering design standards for streets, utilities, surface water management, and easements shall be met.
3. 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, and may require reserve strips be granted to the City for the purpose of controlling access to adjoining undeveloped properties. See Chapter 5-3.4 Public Facilities.
   

Variances to the standards of this Chapter shall be processed in accordance with Chapter 5-5.1 - Variances. Applications for variances shall be submitted at the same time an application for land division or lot line adjustment is submitted, and the applications shall be reviewed together.

1. Submission Requirements. Final plats require review and approved by the City prior to recording with Grant County. The applicant shall submit the final plat within two (2) years of the approval of the preliminary plat as provided by Section 5-4.3.070. Specific information about the format and size of the plat, number of copies and other detailed information can be obtained from the City Planning Official.
2. Approval Process and Criteria. By means of a Type I procedure, the City Planning Official and Public Works Director, or the Planning Commission, shall review the final plat and shall approve or deny it based on findings regarding compliance with the following criteria:
   1. The final plat is consistent in design (e.g., number, area, dimensions of lots, easements, tracts, right-of-way) with the approved preliminary plat, and all conditions of approval have been satisfied;
   2. All public improvements required by the preliminary plat have been installed and approved by the Public Works Director or appropriate service provider (e.g., road authority). Alternatively, the developer has provided a performance guarantee in accordance with Section 5-4.3.110;
   3. The streets and roads for public use are dedicated without reservation or restriction other than reversionary rights upon vacation of any such street or road and easements for public utilities;
   4. The streets and roads held for private uses have been approved by the City as conforming to the preliminary plat;
   5. The plat and deed contain 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. The applicant has provided copies of all recorded homeowners association Covenants, Conditions and Restrictions (CC&R’s); deed restrictions; private easements and agreements (e.g., for access, common areas, parking, etc.); and other recorded documents pertaining to common improvements recorded and referenced on the plat;
   7. 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);
   8. Certification by the City or service district, as applicable, that water and sanitary sewer service is available to every lot depicted on the plat; or bond, contract or other assurance has been provided by the subdivider/partitioner to the City that such services will be installed in accordance with Chapter 5-3.4 - Public Facilities, and the bond requirements of Section 5-4.3.110. The amount of the bond, contract or other assurance by the subdivider/partitioner shall be determined by a registered professional engineer, subject to review and approval by the Public Works Director;
   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 Grant County Surveyor for purposes of identifying its location.
      

Before City approval is certified on the final plat, all required public improvements shall be installed, inspected, and approved. Alternatively, the subdivider/partitioner shall provide a performance guarantee, in accordance with Section 5-4.3.110.

Public improvement required as part of a Land Division approval shall be subject to the performance guarantee and warranty bond provisions of Section 5-3.4.090, as applicable.

1. Filing Plat with County. Within sixty (60) days of the City approval of the final plat, the applicant shall submit the final plat to Grant County for signatures of County officials as required by ORS Chapter 92.
2. Proof of Recording. Upon final recording with the County, the applicant shall submit to the City a mylar copy and five (5) paper copies of all sheets of the recorded final plat. This shall occur prior to the issuance of building permits for the newly created lots.
3. 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.
      

1. 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.
2. 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). The same appeal rights provided through the subdivision and partition process shall be afforded to the plat vacation process. (See Chapter 5-4.1 - Types of Applications and Review Procedures.) The road authority(ies) shall be notified of all applications for re-plats and street vacations. All street vacations shall also conform to the ORS Chapter 5-271.
3. 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.
4. Recording of Vacations. All approved plat vacations shall be recorded in accordance with the following procedures:
   1. Once recorded, a re-plat or vacation shall operate to eliminate the force and effect of the plat prior to vacation; and
   2. Vacations shall also divest all public rights in the streets, alleys and public grounds, and all dedications described on the plat.
5. After Sale of Lots. When lots have been sold, the plat may be vacated only in the manner herein, and provided that all of the owners of lots within the platted area consent in writing to the plat vacation.
6. Street Requirement. Except as prohibited by law (e.g., ORS 92.837, Manufactured Home Park), in approving a right-of-way vacation or re-plat, the City may require dedication of access ways, paths or trails as a condition of the vacation of any public easement or right-of-way, in order to establish or maintain a safe, convenient and direct pedestrian and bicycle circulation system. Such requirements shall be coordinated with the applicable road authority.

A Property Line Adjustment is the modification of lot boundaries, when no lot is created or removed. The application submission and approval process is as follows:

1. Submission Requirements. All applications for Property Line Adjustment shall be made on forms provided by the City and shall include information required for a Type I application, as governed by Section 5-4.1.020. The application shall include a preliminary lot line map drawn to scale identifying all existing and proposed lot lines and dimensions; footprints and dimensions of existing structures (including accessory structures); location and dimensions of driveways and public and private streets within or abutting the subject lots; location of sensitive lands (e.g., flood hazard, geological hazard, airport approach areas) existing fences and walls; and any other information deemed necessary by the City Planning Official for ensuring compliance with City codes.
2. Approval Process.
   1. Decision-making process. Property line adjustments shall be reviewed by means of a Type I procedure, as governed by Section 5-4.1.020, using approval criteria contained in Section 5-4.3.140.C below. The road authority(ies) shall be notified of lot line adjustments that may affect property access or traffic volumes or operations on their facilities.
   2. Time limit on approval. The property line adjustment approval shall be effective for a period of one (1) year from the date of approval, during which time it must be recorded.
   3. Lapsing of approval. The property line adjustment approval shall lapse if:
      1. The property line adjustment is not recorded within the time limit in Section 5-4.3.140.B(2);
      2. The property line adjustment has been improperly recorded with Grant County without the satisfactory completion of all conditions attached to the approval; or
      3. The final recording is a departure from the approved plan.
3. Approval Criteria. The City Planning Official shall approve or deny a request for a property line adjustment in writing based on all of the following criteria:
   1. Parcel Creation. No additional parcel or lot is created or removed by the lot line adjustment;
   2. Lot standards. All lots and parcels conform to the applicable lot standards of the land use district (Article 5-2) including lot area, dimensions, setbacks, and coverage, and no resulting lot is wholly comprised of a flood way area or jurisdictional wetland;
   3. Access and Road authority Standards. All lots and parcels conform to the standards or requirements of Chapter 5-3.1 - Access and Circulation, and all applicable road authority requirements are met. If a lot is nonconforming to any City or road authority standard, it shall not be made even less conforming by the property line adjustment;
4. Recording Property Line Adjustments
   1. Recording. Upon the City’s approval of the proposed property line adjustment, the applicant shall record the property line adjustment with Grant County within 60 days of approval (or the decision expires), and submit a copy of the recorded survey map to the City, to be filed with the approved application.
   2. Time limit. The applicant shall submit a copy of the recorded property line adjustment survey map to the City within fifteen (15) days of recording and prior to the issuance of any building permits on the re-configured lots.
5. Extension. The City shall, upon written request by the applicant and payment of the required fee, grant a written extension of the approval period not to exceed one year provided that:
   1. No changes are made to the original property line adjustment as approved by the City;
   2. The applicant can show intent of recording the approved plan within the one-year extension period;
   3. There have been no changes in the applicable Code or plan provisions on which the approval was based. In the case where the property line adjustment conflicts with a code change, the extension shall be denied; and
   4. The extension request is made before expiration of the original approved plan.
      

The purposes of this Section are to:

1. Implement the Comprehensive Plan and applicable land use district(s) by providing a means for master planning large development sites;
2. Encourage innovative planning that results in projects that benefit the community (i.e., through compatible mixed use development, improved protection of open spaces, transportation options and consistent application of standards in phased developments);
3. Encourage developments that recognize the relationship between buildings, their use, open space, and transportation options, providing varied opportunities for innovative and diversified employment environments;
4. Facilitate the efficient use of land;
5. Promote an economic arrangement of land use, buildings, circulation systems, open space, and utilities;
6. Preserve to the greatest extent possible the existing landscape features and amenities that may not otherwise be protected through conventional development;
7. Encourage energy conservation and improved air and water quality and;
8. Assist the City in planning infrastructure improvements.
   

The master planned development designation is an overlay zone that may be applied over any of the City’s land use districts. An applicant may elect to develop a project as a master planned development in compliance with the requirements of this Chapter, or the City may require a development be processed as such when a project cannot otherwise meet the applicable Development Code requirements due to existing topography or natural features.

1. Review Steps. There are three required steps to planned development approval, which may be reviewed individually or combined into one package for concurrent review:
   1. The approval of a planned development overlay zone and concept plan;
   2. The approval of a detailed development plan; and
   3. The approval of a preliminary subdivision plat(s) and/or site design review application(s).
2. Approval Process.
   1. The Master Planned Development (PD) overlay zone and Concept Plan shall be reviewed together using the Type III procedure in Section 5-4.1.040, the submission requirements in Section 5-4.5.050, and the approval criteria in Section 5-4.5.060. (The overlay zone approval is a quasi-judicial decision requiring findings under Chapter 5-4.5 only; it is not a legislative decision under Chapter 5-4.7.)
   2. The detailed development plan shall be reviewed using the Type I procedure in Section 5-4.1.020, to ensure substantial compliance with the approved concept plan.
   3. Preliminary subdivision plats and site design review applications for approved planned developments shall be reviewed using a Type I procedure, as governed by Section 5-4.1.020.
   4. Steps 1-3, above, may be combined in any manner, so long as the decision-making sequence follows that in Section 5-4.5.030.A, above. Notification and hearings may be combined.
      

The Planning Commission may approve modifications or adjustments to the standards in Article 5-2 and/or Article 5-3 through the master plan approval without the need for variances upon finding that all of the following criteria are met:

1. Comprehensive Plan. The modification or adjustment is consistent with the policies of the Comprehensive Plan, and equally or better meets the intent of the Development Code section(s) to be modified, as compared to a project that strictly conforms to code standards.
2. Public Benefit. The modification or adjustment shall result in an overall net benefit to the public through greater variety of housing, greater affordability in housing, more open space or more usable open space, greater protection of natural features, greater protection of scenic views or vistas, avoidance of natural hazards (e.g., geological hazards, streams, or other drainageways), exemplary architecture, improved transportation connectivity, improved pedestrian facilities, and/or similar benefits in new development. In evaluating this criterion, the Planning Commission shall consider whether the proposal on balance exceeds the City’s minimum requirements.
3. Public improvement standards and engineering design criteria shall not be modified without variance to such standards approved by the Public Works Director. The City may grant such variances concurrently with the master planned development;
4. Residential densities shall not exceed the density allowed under the applicable land use district in Article 5-2. Where the land use district allows a density bonus subject to Section 5-2.2.090, the total number of dwelling units shall not exceed the maximum density allowed by the district; and
5. Industrial and commercial uses, if not otherwise allowed in a Residential District, shall not be allowed in a Residential District master plan.

1. General Submission Requirements. The applicant shall submit an application containing all of the general information required for a Type III procedure, as governed by Section 5-4.1.040. In addition, the applicant shall submit the following:
   1. A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant.
   2. A development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed.
   3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development.
   4. Narrative report or letter documenting compliance with the applicable approval criteria contained in Section 5-4.5.060.
   5. Special studies prepared by qualified professionals may be required by the City Planning Official, Planning Commission or City Council to determine potential traffic, geologic, noise, environmental, natural resource and other impacts, and required mitigation.
2. Additional Information. In addition to the general information described in Subsection “A” above, the concept plan, data, and narrative shall include the following exhibits and information:
   1. Existing Conditions map, as defined in Section 5-4.2.050 - Site Design Review Application Submission Requirements;
   2. Conceptual site plan (e.g., general land use, building envelopes, circulation, open space, utility connections, and other information necessary to convey the concept plan);
   3. Grading concept (for hillside or sloping properties, or where extensive grading is anticipated);
   4. Landscape concept (e.g., shows retention of existing vegetation and general planting areas);
   5. Architectural concept (e.g., information sufficient to describe architectural styles, building heights, and general materials);
   6. Sign concept plan (e.g., locations, general size, style and materials of signs);
   7. Copy of all existing covenants and restrictions, and general description of proposed restrictions or covenants (e.g., for common areas, access, parking, etc.).
      

The City shall make findings that all of the following criteria are satisfied when approving or approving with conditions, the overlay zone and concept plan. The City shall make findings that not all of the criteria are satisfied when denying an application:

1. Comprehensive Plan. The master plan conforms to the Comprehensive Plan;
2. Land Division Chapter. All of the requirements for land divisions, including requirements for pre-planning large sites under Section 5-4.3.030, are met, except as may be modified under Section 5-4.5.040 (Chapter 5-4.3);
3. Article 5-2 and Article 5-3 Standards. All of the land use, development, and design standards contained in Articles 2 and 3 are met, except as may be modified under Section 5-4.5.040.
4. Open Space. Master plans shall contain a minimum of twenty-five (25) percent open space. Public open space shall be integral to the master plan. Plans shall emphasize public gathering places such as plazas, neighborhood parks, trails, and common areas that integrate land use and transportation and contribute toward a sense of place. Where public or common private open space is designated, the open space area shall be shown on the final plan and recorded with the final plat or separate instrument, per Section 5-3.4.020A; and the open space shall be conveyed in accordance with one of the following methods:
   1. By dedication to the City as publicly owned and maintained open space. Open space proposed for dedication to the City must be acceptable to the City Planning Official with regard to the size, shape, location, improvement, environmental condition (i.e., the applicant may be required to provide a level one environmental assessment), and budgetary and maintenance abilities;
   2. By leasing or conveying title (including beneficial ownership) to a corporation, home association or other legal entity, with the City retaining the development rights to the property. The terms of such lease or other instrument of conveyance must include provisions (e.g., maintenance, property tax payment, etc.) suitable to the City.
5. Adjustments and Modifications to Standards. Where adjustment(s) or modification(s) to standards are requested, such adjustment(s) or modification(s) must be found to conform to the criteria in section 5-4.5.040.

1. Filing and Expiration. After the City has approved a Master Planned Development (MPD), the project site shall carry the MPD designation and be subject to the provisions of this Chapter, the MPD approved plan, and any conditions of approval. Where a MPD approval expires, as provided under subsection 5-4.5.070(B), the MPD overlay shall no longer apply.
2. Time Limit on Filing of Detailed Development Plan. Within three (3) years after the date of approval of the concept plan, the applicant or his or her successor shall prepare and file with the City a detailed development plan or final plat, in conformance with Section 5-4.5.080 through 5-4.5.090. Where a detailed development plan or final plat is not filed within three (3) years, the concept plan shall become void.
3. Extension. The City shall, upon written request by the applicant and payment of the required fee, grant a written extension of the approval period not to exceed one year provided that:
   1. No changes have been made on the original conceptual development plan as approved;
   2. The applicant can show intent of applying for detailed development plan review within the one-year extension period;
   3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based; and
   4. The extension request is made before expiration of the original approval period.
      

The contents of the detailed development plan shall be determined based on the conditions of approval for the concept plan. At a minimum, the detailed development plan shall identify the final proposed location of all lots, tracts, parcels, open space, rights-of-way, building envelopes and other features, prior to approval of a development permit. The detailed development plan may combine land division, development review, site design review, and/or other applications for concurrent review and approval. The detailed development plan shall be reviewed using a Type III procedure.

City approval of the detailed development plan shall be based upon a finding that the final plan conforms to the concept plan and required conditions of approval. Minor changes to the approved concept plan may be approved with the detailed plan when the approval body finds that the change is consistent with the criteria in A-H, below. Changes exceeding those in subsections A-H, below, must be reviewed as major modifications under Chapter 5-4.6.

1. Increased residential densities (overall or reallocated between development phases) by no more than ten (10) percent over that which is approved, provided such increase conforms to the Comprehensive Plan and underlying Land Use District;
2. Increase in lot coverage or impervious surface (overall or reallocated between development phases) by no more than ten (10) percent over that which is approved;
3. Reduction in open space or landscaping by no more than ten (10) percent over that which is approved;
4. Increase in overall automobile parking spaces by ten (10) percent over that which is approved;
5. Land use. No change in land use shall be permitted without a major modification to the Master Plan Development (Concept Plan) approval;
6. An increase in lot coverage within a designated open space area or an area subject to a potential hazard requires a major modification to the concept plan;
7. Major changes in the location or configuration of proposed lots, blocks, buildings, streets, parking lots, utility easements, landscaping or other site improvements shall require a Major Modification pursuant to Chapter 5-4.6. “Major” in this subsection means by more than twenty (20) percent for setbacks, or more than twenty (20) feet in the alignment or placement of the features listed herein; and
8. Other substantial modifications not allowed as Minor Modifications in A-G, above, shall require approval of a major modification, in conformance with Chapter 5-4.6.

1. Land Use and Site Design Reviews. For projects requiring land use or site design review, all such approvals must be final and appeal periods expired before the City issues building permits. Chapter 5-4.2 applies to site design review.
2. Land Divisions. For projects requiring a land division, the preliminary land division plats must be final and appeal periods expired before a final plat is approved and building permits issued. Chapter 5-4.3 applies to land divisions.
3. Streamlined Review Option. Applications for preliminary land division plats, land use reviews, and site design review applications that are part of a previously approved master planned development (detailed development plan) may be reviewed using a Type I procedure, rather than the conventional Type II procedure. This shall be the applicant’s option, provided the City Planning Official may elevate a Type I application to a Type II review.
   

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.

This Chapter applies when an applicant proposes to modify an approved application or condition of approval approved through a Type II or Type III procedure. This Chapter does not apply to ministerial (Type I) decisions or legislative (Type IV) decisions.

1. Major Modification Defined. The City Planning Official 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;
   2. An increase in density by more than ten (10) percent, provided the resulting density does not exceed that allowed by the land use district;
   3. A change in setbacks or lot coverage by more than ten (10) percent, provided the resulting setback or lot coverage does not exceed that allowed by the land use district;
   4. A change in the type and/or location of access-ways, drives or parking areas affecting off-site traffic;
   5. An increase in the floor area proposed for non-residential use by more than fifteen (15) percent where previously specified;
   6. A reduction of more than ten (10) percent of the area reserved for common open space; or
   7. Change to a condition of approval, or a change similar to items 1-6, that could have a detrimental impact on adjoining properties. The City Planning Official shall have discretion in determining detrimental impacts warranting a major modification.
2. Major Modification Applications; Approval Criteria. An applicant may request a major modification using a Type II or Type III review procedure, as follows:
   1. Upon the City Planning Official determining that the proposed modification is a major modification, the applicant shall submit an application form, filing fee and narrative, and a site plan using the same plan format as in the original approval. The Planning Official may require other relevant information, as necessary, to evaluate the request.
   2. The application shall be subject to the same review procedure (Type II or III), decision making body, and approval criteria used for the initial project approval, except that adding a conditional use to an approved project shall be reviewed using a Type III procedure.
   3. The scope of review shall be limited to the modification request. For example, a request to modify a parking lot shall require site design review only for the proposed parking lot and any changes to associated access, circulation, pathways, lighting, trees, and landscaping. Notice shall be provided in accordance with Chapter 5-4.1.
   4. The decision making body shall approve, deny, or approve with conditions an application for major modification based on written findings on the criteria.
      

1. Minor Modification. A minor modification is a change that can be approved administratively and does not meet any of the thresholds for a major modification listed in Section 5-4.6.030.A.
2. Minor Modification Review Procedure. The Planning Official using a Type I or a Type II review procedure, under Section 5-4.1.020 or 5-4.1.030, shall review an application for approval of a minor modification. The Planning Official is responsible for determining the appropriate review procedure based on the following criteria:
   1. Minor modifications that involve only clear and objective code standards may be reviewed using a Type I procedure;
   2. Minor modifications that involve one or more discretionary standards shall be reviewed through Type II procedure; and
   3. When the code is unclear on whether the application should be a Type I or Type II review, a Type II procedure shall be used.
3. Minor Modification Applications. An application for minor modification shall include an application form, filing fee and narrative, and a site plan using the same plan format as in the original approval. The Planning Official may require other relevant information, as necessary, to evaluate the request.
4. Minor Modification Approval Criteria. The Planning Official shall approve, deny, or approve with conditions an application for minor modification based on written findings that the modification is in compliance with all applicable requirements of the Development Code and conditions of approval on the original decision, and the modification is not a major modification as described in Section 5-4.6.030.A, above.
   

The purpose of this chapter is to provide standards and procedures for legislative and quasijudicial amendments to this Code and the land use district map. These will be referred to as “map and text amendments.” 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 Section 5-4.1.050 and shall conform to the Transportation Planning Rule provisions in Section 5-4.7.060, as applicable.

1. Applicability of Quasi-Judicial Amendments. Quasi-judicial amendments are those that involve the application of adopted policy to a specific development application or Code revision, and not the adoption of new policy (i.e., through legislative decisions). Quasi-judicial district map amendments and application of master planned development overlay zones to individual properties shall follow the Type III procedure, as governed by Section 5-4.1.040, using standards of approval in Section 5-4.7.030.B. The approval authority shall be as follows:
   1. The Planning Commission shall review and recommend land use district map changes that do not involve comprehensive plan map amendments;
   2. The Planning Commission shall make a recommendation to the City Council on an application for a comprehensive plan map amendment. The City Council shall decide such applications; and
   3. The Planning Commission shall make a recommendation to the City Council on a land use district change application that also involves a comprehensive plan map amendment application. The City Council shall decide both applications.
2. Criteria for Quasi-Judicial Amendments. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following criteria:
   1. Approval of the request is consistent with the Statewide Planning Goals;
   2. Approval of the request is consistent with the Comprehensive Plan;
   3. The property and affected area is presently provided with adequate public facilities, services and transportation networks to support the use, or such facilities, services and transportation networks are planned to be provided in the planning period; and
   4. The change is in the public interest with regard to neighborhood or community conditions, or corrects a mistake or inconsistency in the comprehensive plan map or zoning map regarding the property which is the subject of the application; and
   5. The amendment conforms to the Transportation Planning Rule provisions under Section 5-4.7.060.
      

A quasi-judicial decision may be for denial, approval, or approval with conditions; conditions shall be based on applicable regulations and factual evidence in the record. A legislative amendment may only be approved or denied.

The City Recorder shall maintain a record of amendments to the text of this Code and the land use districts map in a format convenient for public use. This shall be located in Article 6.

1. Review of Applications for Effect on Transportation Facilities. When a development application includes a proposed comprehensive plan amendment or land use district change, the proposal shall be reviewed to determine whether it significantly affects a transportation facility, in accordance with Oregon Administrative Rule (OAR) 660-012-0060 (Transportation Planning Rule - TPR) and the Traffic Impact Analysis provisions of Section 5-4.1.090. “Significant” means the proposal would:
   1. Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors). This would occur, for example, when a proposal causes future traffic to exceed the levels associated with a “collector” street classification, requiring a change in the classification to an “arterial” street, as identified by the Transportation System Plan; or
   2. Change the standards implementing a functional classification system; or
   3. As measured at the end of the planning period identified in the Transportation System Plan or the adopted plan of any other applicable roadway authority, allow types or levels of land use that would result in levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; or
   4. Reduce the performance of an existing or planned transportation facility below the minimum acceptable performance standard identified in road authority’s adopted plan; or
   5. Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the road authority’s adopted plan.
   6. Where the City lacks specific transportation policies or standards, the City Council shall be consulted, as provided under Section 5-4.1.050 (Type IV Legislative Review).
2. Amendments That Affect Transportation Facilities. Except as provided in subsection C, amendments to the Comprehensive Plan and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function, capacity, and level of service of the facility identified in the Transportation System Plan. This shall be accomplished by one of the following:
   1. Adopting measures that demonstrate that allowed land uses are consistent with the planned function of the transportation facility; or
   2. Amending the Comprehensive Plan to provide transportation facilities, improvements, or services adequate to support the proposed land uses; such amendments shall include a funding plan to ensure the facility, improvement, or service will be provided by the end of the planning period; or
   3. Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation; or
   4. Amending the planned function, capacity or performance standards of the transportation facility; or
   5. Providing other measures as a condition of development or through a development agreement or similar funding method, specifying when such measures will be provided.
3. Exceptions. Amendments to the Comprehensive Plan or land use regulations with a significant effect on a transportation facility, where the facility is already performing below the minimum acceptable performance standard identified in the Transportation System Plan, may be approved when all of the following criteria are met:
   1. The amendment does not include property located in an interchange area, as defined under applicable law;
   2. The currently planned facilities, improvements or services are not adequate to achieve the standard;
   3. Development resulting from the amendment will, at a minimum, mitigates the impacts of the amendment in a manner that avoids further degradation to the performance of the facility by the time of the development; and
   4. The road authority provides a written statement that the proposed funding and timing for the proposed development mitigation are sufficient to avoid further degradation to the facility.
      

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

1. Requests. A request for a code interpretation shall be made in writing to the Planning Official.
2. Decision to Issue Interpretation. The Planning Official shall have the authority to interpret the code, or refer the request to the Planning Commission for its interpretation. The Planning Official shall advise the person making the inquiry in writing within fourteen (14) days after the request is made, on whether or not the City will make an interpretation.
3. Written Interpretation. If the City 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. The written interpretation shall be issued within fourteen (14) days of the request. The decision shall become effective fourteen (14) days later, unless an appeal is filed in accordance with E-F below.
4. Type II Procedure. Code Interpretations shall be made using a Type II procedure under Section 5-4.1.030. Alternatively, the Planning Official may initiate a code interpretation (i.e., without an application being filed by a property owner) and ask the Planning Commission to ratify the decision, in which case the City shall provide notice of the decision to affected property owner(s), pursuant to Section 5-4.1.040.
5. Appeals. The applicant and any party who received notice or who participated in the proceedings through the submission of written or verbal evidence may appeal a Code Interpretation decision. The appeal must be filed within fourteen (14) days after the interpretation was mailed or delivered to the applicant. Initiating an appeal requires filing a notice of appeal with the City Planning Official pursuant to Section 5-4.1.040.
6. Interpretations On File. The City shall keep on file a record of all 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. [Note: For Temporary Medical Hardship Dwellings, please refer to Section 5-2.2.100K.] Three types of temporary uses require permit approval (See A, B and C):

1. Seasonal and Special Events. These types of uses occur only once in a calendar year and for no longer a period than thirty (30) days. Using the Type II procedure under Section 5-4.1.040, the City shall approve, approve with conditions or deny a temporary use permit 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. No parking will be utilized by customers and employees of the temporary use, which is needed by the property owner to meet their minimum parking requirement under Chapter 5-3.3 - Vehicle and Bicycle Parking;
   4. The use provides adequate vision clearance, as required by Section 5-3.1.020, 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 5-3.1.020 - 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 in which other uses allowed outright in the district do not affect the adjoining use; and
   7. The use is adequately served by sewer or septic system and water, if applicable. (The applicant shall be responsible for obtaining any related permits.)
2. Temporary Sales Office or Model Home. Using a Type I procedure under Section 5-4.1.020, 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:
      1. 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;
      2. The property to be used for a temporary sales office shall not be permanently improved for that purpose;
      3. Conditions may be imposed regarding temporary utility connections, and as necessary to protect public health, safety, or welfare.
   2. Model house:
      1. 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
      2. The model house shall be designed as a permanent structure that meets all relevant requirements of this Code and other applicable codes and permit requirements.
3. Temporary Building, Trailer, Kiosk, or Structure. Temporary or permanent placement of a building, trailer or recreational vehicle per Chapter 5-2.2.100, kiosk, or structure, including but not limited to prefabricated building(s), for use on any real commercial or industrial property within the City shall require land use approval. Using a Type II procedure, as governed by Section 5-4.1.030, the City may approve, approve with conditions or deny an application for a placement of a building, trailer, kiosk, or structure for temporary use, or temporary placement, such as a temporary commercial or industrial use or space associated with the primary use on the property, for a period up to six months. Temporary uses exceeding six months may be approved by the Planning Commission through a Type III procedure. Temporary uses must be based on following criteria:
   1. The temporary trailer or building shall be located within the specified property line setbacks 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 already developed;
   3. Ingress and egress are safe and adequate as demonstrated by an approach permit approved by the road authority, as applicable. See also, Section 5-3.1.020 - Vehicular Access; and
   4. There is adequate parking for the customers or users of the temporary use as required by Chapter 5-3.3 - Parking;
   5. The use will not result in vehicular congestion on streets;
   6. The use will pose no impediment or 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 sewer or septic system and 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 6 months under a Type II procedure. When a temporary building exceeds this time frame, the applicant shall be required to remove the building, or renew the temporary use permit using a Type III procedure; and
   11. Conditions may be imposed regarding temporary utility connections, and as necessary to protect public health, safety, or welfare.
       

1. Purpose. The purpose of this Section is to provide standards and procedures for small commercial ventures in Residential Districts that do not otherwise meet the criteria for Home Occupations permitted by right in Section 5-2.2.100 D. Section 5-4.9.020 provides a process for more intense home occupations to be allowed with Site Design Review by the Planning Commission and notice to surrounding property owners. These home occupations may be permitted, with conditions of approval when appropriate, in order to increase the benefits of people working and living in the same place, while protecting neighboring residents from adverse impacts of home occupation activities. These benefits to the business owner and to the general public include: reduced number of commute-to-work trips, day-time “eyes on the street” at the residence, and a neighborhood-scale version of mixed residential and commercial uses.
2. Approval Process and Criteria.
   1. Home Occupation Permit. Applications for proposals that do not meet all of the criteria for Home Occupations permitted by right in Section 5-2.2.100 D. shall be processed using a Type III procedure, as governed by Chapter 5-4.1.040, using the approval criteria in subsection 5-2, below. In addition to the application requirements contained in Section 5-4.1.040.B, the applicant shall provide:
      1. A written narrative or letter:
         1. describing the proposed home occupation;
         2. demonstrating compliance with those standards in Subsection 5-2.2.100 D that can be met, and explaining why the other standards in Subsection 5-2.2.100 D cannot be met, and
         3. demonstrating compliance with the criteria in Subsection 5-2 below;
      2. A site plan, not necessarily to scale, of the lot proposed for the home occupation, including:
         1. the property lines and their dimensions;
         2. outlines of the foundations of all buildings proposed for home occupation use with dimensions for each wall, and the distances from each wall to the nearest property line;
         3. boundaries and dimensions of driveways and parking areas, indicating areas for use by home occupation employees and customers;
         4. outlines of the foundations of abutting residences, and the distances from the shared property line to the nearest wall of each neighboring residence; and
         5. identifying the buildings and areas of those buildings in which home occupation activities will take place, and identifying which activities will take place in which buildings and areas.
   2. The City shall approve, approve with conditions, or deny an application for a Type III home occupation based on all of the following criteria:
      1. The proposed use will not be materially detrimental to the stated purposes of applicable Code requirements and to other properties within a radius of 100 feet of the subject property;
      2. Impacts to surrounding properties may exist but can be mitigated;
      3. Existing physical and natural systems, such as, but not limited to drainage, natural resources, and parks, will not be adversely affected any more than would occur if the development occurred in compliance Section 5-2.2.100 D.
         

The purpose of this chapter is to provide for the orderly transition and rezoning of land from the Urban Growth Boundary into the City Limits and to ensure the requirements of boundary changes, the provision of public facilities, and land use compatibility have been adequately addressed.

All annexations shall be processed in the same manner as a Type IV procedure, with the exception that the requirements of state law regarding annexations shall be met.

Except for annexations initiated by the council pursuant to section 5-4.10.040, application for annexation shall include the following information:

1. Consent to annexation, which is non-revocable for a period of one year from its date.
2. Agreement to deposit an amount sufficient to retire any outstanding indebtedness of special districts defined in ORS 222.510.
3. Boundary description and map prepared by a registered land surveyor that conforms to ORS 308.225. Such description and map shall be prepared. The boundaries shall be surveyed and monumented as required by statute subsequent to Council approval of the proposed annexation.
4. Written findings addressing the criteria in 5-4.10.050.
5. Application by the property owner for a zone change and Comprehensive Plan amendment.
6. The required fee set by resolution of the City Council.
   

The Council on its own motion may initiate an annexation. The approval criteria in section 5-4.10.050 shall apply. Provided, however, that in the case of annexation where current or probable public health hazard due to lack of full City sanitary sewer or water services or the lot or lots proposed for annexation are an "island" completely surrounded by lands within the city limits, the only standards that apply shall be 5-4.10.050(A).

An annexation may be approved if the proposed request for annexation conforms, or can be made to conform through the imposition of conditions, with the following approval criteria:

1. The land is within the City's Urban Growth Boundary.
2. The proposed zoning for the annexed area is consistent with the Comprehensive Plan, and a project, if proposed concurrently with the annexation, is an allowed use within the proposed zoning.
3. The land is currently contiguous with the present City Limits.
4. Adequate City facilities can and will be provided to and through the subject property, including water, sanitary sewer, and storm drainage.
5. The annexation is consistent with the annexation policies contained in the Comprehensive Plan.
   

When an annexation is initiated by a private individual, the Planning Official may include other parcels of property in the proposed annexation to make a boundary extension more logical and to avoid parcels of land which are not incorporated but are partially or wholly surrounded by the City of John Day. The Planning Official, in a report to the Planning Commission and Council, shall justify the inclusion of any parcels other than the parcel for which the petition is filed. The purpose of this section is to permit the Planning Commission and Council to make annexations extending the City's boundaries more logical and orderly.

The applicant for the annexation shall also declare which procedure, under ORS Chapter 5-222, the applicant proposes that the City Council use, and supply evidence that the approval through this procedure is likely.

Within 2 months of adoption of the ordinance approving an annexation, the City shall cause the annexation to be included on the official zoning map of the City, and shall provide to Grant County and the State of Oregon copies of the official map and ordinance effecting the annexation.