This article establishes the procedures to be used in reviewing and taking action on development proposals.

(Ord. 96-4 § 1 (part), 1996)

Except as excluded in Section 16.36.020, no person shall engage in or cause a development to occur, as defined in Chapter 16.24, without first obtaining a development permit through the procedures set forth in this title. The manager shall not issue any permit for the construction, reconstruction or alteration of a structure or a part thereof without first verifying that a valid development permit has been issued. Development authorized by a development permit shall occur only as approved by the city.

(Ord. 96-4 § 1 (part), 1996)

The following activities are permitted in each district but are excluded from the requirement of obtaining a development permit. Exclusion from the permit requirement does not exempt the activity from otherwise complying with all applicable standards, conditions and other provisions of this title.

A.

Landscaping or other treatment or use of the land surface outside any flood plain, wetland and drainageways and not involving a structure or paved parking lot;

B.

Any change or repair to a building or other structure that does not alter or expand the use thereof or require a building permit;

C.

An emergency measure necessary for immediate safety of persons or protection of property, provided however, that an application for a development permit shall be promptly filed if the measure otherwise would require such a permit but for the emergency;

D.

The establishment, construction, maintenance, preservation or termination of public roads, transportation facilities and other public facilities including sewer and water lines, electrical and gas distribution lines, and telephone and television transmission lines that are substantially in the public right-of-way directly serving development or as shown on the comprehensive plan or adopted Public Facility Plan, together with piping and culverts, accessory drainage systems such as catch basins, and necessary accessory structure and easements. Notwithstanding this exemption, said facilities within sensitive lands, shall obtain a development permit as provided in this title. This permit shall be approved if the applicant demonstrates compliance with the applicable approval standards.

E.

Construction, maintenance or demolition of an accessory structure not requiring a building permit except for agricultural accessory structures which shall be reviewed for locational and dimensional standards;

F.

The following excavations or fills, unless a development permit is required by the sensitive lands provisions in Chapter 16.140:

1.

Excavations below finish grade for basements and footings of a building, retaining wall or other structure authorized by a valid development permit;

2.

Excavations for wells, tunnels or utilities;

3.

Excavations or fills for public projects, conducted by or under contract of the city;

4.

Exploratory excavations affecting or disturbing areas less than six thousand square feet in size, under the direction of soil engineers or engineering geologists;

5.

Access roads developed to support forest-related activities, agricultural crop production or grazing activities, where the roads:

a.

Are located on property used for an interim agricultural or forest use,

b.

Do not create a cut or fill greater than three feet in height visible from a public road,

c.

Are sixteen feet or less in width,

d.

Do not divert drainage onto or cause increased erosion on adjacent properties, and

e.

Do not discharge or threaten to discharge silt onto adjacent properties or into streams.

6.

Grading that is a soil or water conservation project regulated by the U.S. Department of Agriculture, Soil Conservation Service, and/or the Washington County Soil and Water Conservation District;

7.

An excavation which is less than two feet in depth, or which does not create a cut slope greater than five feet in height and steeper than one and one-half horizontal to one vertical;

8.

A fill less than one foot in depth and placed on natural terrain with a slope flatter than five horizontal to one vertical, or, a fill less than three feet in depth, not intended to support structures, which does not exceed one hundred fifty cubic yards on any one lot and does not obstruct a drainage course;

9.

Underground pipes and conduits; and

10.

Above ground electrical transmission, distribution, communication and signal lines on a single pole system where a single pole system is defined as above ground electrical lines and their supporting concrete, wood or metal poles, but does not include self-supporting steel lattice-type structures.

G.

Continued use of a valid nonconforming use or exercise of a vested right, except that any change, alteration, restoration or replacement of a nonconforming use shall require a development permit as provided in Chapter 16.160.

H.

Family day care provider as defined in Chapter 16.24 and as allowed in the zoning districts in Article III.

(Ord. 96-4 § 1 (part), 1996)

A.

The manager shall issue a development permit within seven calendar days of any administrative approval. The development permit shall be effective upon issuance.

B.

The manager shall issue a development permit within seven calendar days after the date the appeal period has expired, if no petition for review is filed, in city manager or planning commission decisions. Except as provided below, no development permit shall be issued pending appeal.

C.

In the event that a final approval of the city council is appealed to a body of competent jurisdiction, the development permit shall be issued after notice of the decision is provided and it shall be the responsibility of the person appealing the city council decision to seek appropriate judicial remedies halting action upon the permit. Notwithstanding issuance, however, the holder of the permit may proceed at the permit holder's own risk. If the permit holder proceeds, the holder shall be deemed to have expressly assumed all risk of proceeding and shall save and hold harmless King City from any responsibility or liability for proceeding with development. If a holder proceeds at his/her own risk and the development permit is ultimately reversed by a body of competent jurisdiction, the holder shall restore the property to its original condition.

D.

Every development permit shall be specific as to the approval granted or development authorized. It shall be subject to the standards and conditions set forth in this title, excepting only those variances or exceptions authorized by the approval authority, together with any conditions imposed by the approval authority. The development permit shall be effective immediately unless otherwise conditioned.

(Ord. 96-4 § 1 (part), 1996)

(Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

Except as otherwise specifically provided in this title, a development permit shall expire automatically one year from the date of issuance unless one of the following occurs first:

A.

The development permit is revoked as provided for in Section 16.36.070 or as otherwise invalidated by a body of competent jurisdiction; or

B.

An application for an extension is filed and approved pursuant to Section 16.36.050; or

C.

The development has commenced as provided in Section 16.36.060.

(Ord. 96-4 § 1 (part), 1996)

A.

If an extension is desired, the holder of the development permit must file an application for an extension prior to expiration of the development permit or the first extension, whichever is applicable. Extension requests shall be processed as an administrative action. A maximum of two extensions may be granted. Only one extension may be granted at a time and no extension may be granted for a term of more than one year.

B.

The city manager shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year, provided that:

1.

No changes are made on the original plan as approved by the approval authority;

2.

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

3.

There have been no changes to the applicable comprehensive plan policies and ordinance provisions on which the approval was based.

C.

Notice of the decision shall be provided to the applicant. The city manager's decision may be appealed by the applicant as provided by Chapter 16.68.

(Ord. 96-4 § 1 (part), 1996)

(Ord. No. O-08-04, § 1, 5-21-2008)

A.

The authorized development has been commenced when the holder of the development permit has physically altered the land or structure or changed the use thereof and such alteration or change is directed toward completion and is sufficient in terms of time, labor or money spent to demonstrate a good faith effort to complete the development. In the case of development requiring a building permit, issuance of the building permit shall be conclusive evidence of commencing development. Nothing herein, however, shall be deemed to extend the life of said building permit as provided by law. A development permit which otherwise would have expired but for issuance of a building permit shall expire automatically upon expiration of the building permit.

B.

In the case of development authorized to be done in phases, each phase must be commenced within the time frame specified in the approval, or commenced within one year of completion of the prior phase if no time table is specified. The date of phase completion in the case of a structure or structures shall be the date of issuance of an occupancy permit by the manager for eighty percent or more of the structure or structures of the development phase.

C.

The determination of commencement shall be made by the manager as an administrative decision.

(Ord. 96-4 § 1 (part), 1996)

A.

Revocation shall be processed by the manager as an administrative action. A development permit may be revoked upon a finding of:

1.

Noncompliance with the standards or conditions set forth in this title, or any special conditions imposed upon the permit;

2.

Intentional fraud, misrepresentation or deceit upon the part of the applicant as to an issue material to the issuance of the development permit;

3.

Abandonment or discontinuance as determined by failure to make reasonable progress toward completion of a commenced development for a continuous period of one year. Bona fide good faith efforts to market the development shall not constitute abandonment or discontinuance; or

4.

A change in this title, the comprehensive plan or state law which would make the approved development unlawful or not permitted, prior to the development obtaining a vested right or nonconforming use status.

B.

Revocation shall be effective immediately upon the city providing written notice thereof to the holder of the development permit. Unless provided otherwise by the revoking authority, revocation terminates the authority to continue the use. Continued use without a current valid development permit shall be a violation of this title.

C.

The holder of a revoked development permit may reapply for a new permit at any time as an entirely new application.

D.

Revocation is available in addition to and not in lieu of any other remedy provided by law and is not a condition precedent to any such remedy.

(Ord. 96-4 § 1 (part), 1996)

Unless otherwise provided in the development permit, it shall apply to the property and may be transferred to a new property owner.

(Ord. 96-4 § 1 (part), 1996)

A.

Type I administrative actions involve permitted uses or development governed by clear and objective review criteria. Administrative actions do not encompass discretionary land use decisions, Impacts have been recognized by the development and public facility standards. The intent and purpose of a zoning district is not a consideration for approving these uses.

B.

The following are administrative actions:

1.

Those identified in this title as administrative actions; and

2.

Notwithstanding any other provision, structures or uses proposed to implement an approved development permit, if consistent with the approval.

C.

Type I administrative actions shall be decided by the city manager without public notice or hearing. Notice of a decision shall be provided to the applicant or the applicant's representative. The decision may be reconsidered pursuant to Chapter 16.64 or appealed by the applicant as provided in Chapter 16.68. The hearing shall be conducted by the planning commission, and only the applicant shall be entitled to notice.

(Ord. 96-4 § 1 (part), 1996)

(Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

A.

Type II land use actions by the city manager are presumed by this title to be appropriate. They generally involve uses or development for which review criteria are reasonably objective, requiring only limited discretion. Impacts on nearby properties may be associated with these uses which may necessitate imposition of specific conditions of approval to minimize those impacts to ensure compliance with this title.

B.

Type II city manager actions shall be required for land use actions as specified in this title.

C.

Notice of proposed Type II city manager actions shall be sent as provided in Chapter 16.48. A fourteen-calendar day written comment period shall be provided from the time notice is mailed to provide interested persons with an opportunity to submit written comments about the proposed action before the manager makes a decision on the request. Upon close of the comment period the manager shall review all written comments received by the city within the comment period and the applicant's response to the comments. The applicant shall have seven calendar days following the close of the comment period to submit a response. The manager may also consider responses to questions prepared by staff that clarify or amplify information, which does not change the original request. Written comments received after the comment period and prior to issuance of a decision do not have to be considered by the manager. The manager shall then issue a decision. The notice of the decision shall be mailed pursuant to Chapter 16.48. Any party as defined in Chapter 16.52 may obtain reconsideration or appeal of the decision as provided in Chapters 16.64 and 16.68.

(Ord. O-03-2 § 1 (part), 2003; Ord. 96-4 § 1 (part), 1996)

(Ord. No. O-2015-01, § 1(Exh. A), 3-18-2015; Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

A.

Type III planning commission actions involve a quasi-judicial review of development or uses, thus require the exercise of discretion and judgment when applying the development criteria contained in this title or the comprehensive plan. Impacts may be significant and the development issues complex. Extensive conditions of approval may be imposed to mitigate impacts or ensure compliance with this title and the comprehensive plan.

B.

Type III planning commission actions shall be required for land use actions as specified in this title.

C.

Type III actions shall be decided by the planning commission after a public hearing. Prior notice shall be given as provided in Chapter 16.52. A planning commission decision shall be subject to reconsideration or appeal to the city council pursuant to Chapters 16.64 and 16.68.

D.

The Type III process applies to quasi-judicial actions that must be taken by the city council. Type III CC actions shall be first reviewed by the planning commission in a public hearing. The planning commission recommendation shall be forwarded to the city council for its consideration in making a final decision.

(Ord. 96-4 § 1 (part), 1996)

(Ord. No. O-2015-01, § 1(Exh. A), 3-18-2015; Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

A.

Type IV city council actions are generally legislative. They involve the creation, broad scale implementation or revision of public policy. These include, but are not limited to, amendments to the text of the comprehensive plan or the community development code. Large scale changes in planning and development maps also may be characterized as Type IV legislative actions where a larger number of property owners are directly affected.

B.

These actions are made through adoption of city ordinances. The following are Type IV city council review actions:

1.

Zone change;

2.

Comprehensive plan amendments (text and/or map);

3.

Community development and zoning code amendment; and

4.

Annexation.

C.

Type IV legislative actions shall be reviewed by the planning commission in a public hearing. The planning commission recommendation shall be forwarded to the city council for its consideration in making a final decision.

D.

Appeals of Type III planning commission decisions shall be reviewed by the city council as a quasi-judicial action described in this title.

(Ord. 96-4 § 1 (part), 1996)

(Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

A.

Applications in this title must be processed as a Type I administrative, Type II city manager, Type III planning commission, or Type IV city council action in accordance with the standards set forth above. Concurrent actions involving quasi-judicial (Type III) and legslitative (Type IV) actions shall be separated for proper processing. Questions as to the appropriate procedures shall be resolved by the city manager in favor of the process providing the greatest notice and opportunity to participate. The decision of the manager is not subject to appeal on its own but may be alleged as an error in an appeal of the decision on the proposed development. Upon appeal of the decision on the merits of a development action not specifically classified in this title, the planning commission may determine, based on the standards set forth in Chapter 16.40 that a different procedure type should have been used and direct that the proposed development action be processed accordingly.

B.

Notwithstanding any other provision, and, upon payment of the proper fee, an applicant may choose to have the proposal processed under the procedure type (except Type IV) which provides greater notice and opportunity to participate than would otherwise be required.

(Ord. 96-4 § 1 (part), 1996)

(Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

A.

Development actions, except Type IV city council actions, may be initiated only by:

1.

Application by all the owners or all the contract purchasers of the subject property, or any person authorized in writing to act as agent of the owners or contract purchasers. Contract purchasers shall indicate in writing that the contract vendor(s) has been notified of the application;

2.

The city council;

3.

The planning commission; or

4.

The city manager.

B.

No application shall be deemed complete and further processed if it is determined that any necessary authorization to file has not been obtained. The approval authority may defer further action for such time as it deems reasonable to provide an opportunity to obtain the necessary authorization. Failure to provide such authorization within that time period shall void the application.

C.

The manager may withdraw any application, petition for review or motion for reconsideration at the request of the applicant or petitioner. Once accepted as complete, however, the applicant or petitions shall be entitled to withdraw by right only if the city manager determines that:

1.

Written consent to withdraw an application has been obtained from a majority of the owners or contract purchasers or the majority interest holders in the property, or all signers of the petition for review; and

2.

No existing violation of this title or the comprehensive plan, which might best be cured by further processing the application, have been identified on the subject property.

D.

If an application, petition for review or motion for reconsideration is withdrawn after public notice has been provided and the approval authority has not rendered a decision, the city manager shall provide written notification to all persons that were entitled to be mailed a public notice of pending review of the city manager or planning commission action and all persons who submitted written comments stating the application has been withdrawn.

E.

Fees for applications and petitions for review withdrawn at the request of the applicant shall be refunded, less the actual costs incurred by the city.

(Ord. 96-4 § 1 (part), 1996)

(Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

A.

No application for a Type II city manager or Type III planning commission development action shall be received by the manager unless the applicant or the applicant's representative has:

1.

Attended a pre-application conference with the city manager; or

2.

Signed a waiver, on a written statement prepared by the city manager, waiving the pre-application conference requirement.

B.

The purpose of the pre-application conference is to acquaint the applicant or representative with the requirements of this title, the comprehensive plan and other relevant criteria. It is designed to assist the applicant. The applicant assumes the risk for delays or other problems caused by failure to attend. It is impossible, however, for the conference to be an exhaustive review of all potential issues and failure of the city manager to provide any information required by this title shall not constitute a waiver of the policies, standards or criteria relevant to the application.

C.

Pre-application conferences shall be scheduled by the manager at the earliest reasonable time.

D.

As soon as practicable, the manager shall provide the applicant or representative with a written summary of the meeting.

E.

Information given by the city manager and/or staff to the applicant during the preapplication conference is valid for no longer than one year. Another preapplication conference is required if an application is submitted more than six months after the preapplication conference is held.

(Ord. 96-4 § 1 (part), 1996)

(Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

A.

Applications for development actions shall be submitted in accordance with the format and upon such forms as may be established by the manager.

B.

A complete application is one which contains the information required to address the relevant standards of the comprehensive plan and this title. It shall consist of the following:

1.

A completed original application form, signed by all persons required for initiating an application under Section 16.44.010;

2.

A legal description and current Washington County or adjacent jurisdiction's tax map(s) showing the subject property(ies) and all properties within two hundred fifty feet of the subject property;

3.

Relevant public facilities information;

4.

Additional information required by other provisions of this title and the comprehensive plan;

5.

Additional information directly related to the applicable standards of this title or the comprehensive plan as deemed essential by the manager to evaluate adequately the specific application for compliance with those criteria and standards; and

6.

The applicable fees adopted by the city council are hereby incorporated by reference as the fees herein. These fees may be amended by resolution and order by the council.

(Ord. 96-4 § 1 (part), 1996)

A.

Applications shall be submitted to the manager in the number specified on the application form. The manager, however, may waive copies of specific documents, maps or exhibits upon a determination that the difficulty or burden of copying outweighs the usefulness of the copies.

B.

No application shall be received by the city for determination of completeness without the appropriate application fee.

C.

The date of submission shall be recorded. Within thirty calendar days the manager shall determine whether the application is complete. The manager shall notify the applicant when the application is accepted as complete or rejected as incomplete if deficiencies are found. Resubmitted applications shall be subject to another thirty calendar day completeness check.

D.

Upon determination of completeness, applications shall be accepted immediately. The date of acceptance shall be recorded. The manager shall notify the applicant that the application is complete. Unless otherwise directed by the city council, applications shall be processed in the order accepted.

E.

The decision of the manager as to completeness of an application, including any required engineering, traffic or other such studies, shall be based on the criteria for completeness, adequacy and methodology set forth in this title or by resolution and order of the council. Rejection by the manager for incompleteness shall be based solely on failure to address the relevant standards or supply required information and shall not be based on differences of opinion as to quality or accuracy. Acceptance indicates only that the application is ready for review.

F.

Upon rejection for incompleteness, the applicant may object in writing to any alleged deficiencies and direct that the application be processed. During review, the applicant may submit additional information relating to the alleged deficiencies, but the manager is not obligated to review such information. The staff report may recommend denial or deferral due to insufficient or inaccurate information.

G.

The approval authority shall approve or approve with conditions an application which the manager has determined to be incomplete only if it determines that sufficient, accurate information has been submitted and adequately reviewed by the approval authority with an opportunity for review by affected parties or that conditions can be imposed to ensure proper review at the appropriate time. In all other cases the approval authority shall defer or deny.

H.

All documents or evidence relied upon by the applicant shall be submitted to the city and made available to the public at least twenty calendar days before the hearing. If additional documents or evidence is provided in support of the application, any party shall be entitled to a continuance of the hearing. Such a continuance shall not be subject to the limitations of ORS 215.428 or 227.178.

I.

If additional documents or evidence is provided in opposition to the application, the applicant shall be entitled to a continuance of the hearing.

(Ord. 96-4 § 1 (part), 1996)

(Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

A.

No decision regarding a Type II city manager, Type III planning commission, or Type IV city council action shall be made without a staff report. This report shall be provided to the applicant and approval authority without charge. All others may obtain a copy upon request and payment of a reasonable fee to cover the cost of reproduction, overhead and mailing.

B.

A staff report shall be available no later than seven calendar days before a planning commission hearing or any hearing on appeal. Staff reports are mailed approximately seven calendar days prior to the public hearings to the applicant and interested parties who request them. Mailing the report does not guarantee sufficient time prior to the public hearing to respond to the conditions of approval. Obtaining a copy of the staff report in person at the city best assures ample time for review and comment at the public hearing.

C.

Notwithstanding the above, the staff report may be amended as necessary to address issues or information not reasonably known at the time the report is due.

D.

If staff submits additional evidence or an amended staff report in support of the application, any party shall be entitled to a continuance of the hearing. Such a continuance shall not be subject to the limitations of ORS 215.428 or 227.178.

E.

If staff submits additional evidence or an amended staff report in opposition to the application, the applicant shall be entitled to a continuance of the hearing.

(Ord. 96-4 § 1 (part), 1996)

(Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

A.

Through a planning commission review procedure, in the course of any city land use process, the commission may decide whether a vested right exists.

B.

Whether a vested right is found to exist shall be based on the consideration of the following factors as well as any guidance from the Oregon courts:

1.

The ratio of expenditures incurred to the total cost of the project;

2.

The good faith of the landowner;

3.

Whether or not the landowner had notice of any proposed zoning or amendatory zoning before starting the improvements;

4.

Whether the expenditures have any relation to the project or could apply to various other uses of the land;

5.

The kind of project, the location and ultimate cost; and

6.

Whether the acts of the landowner rise beyond mere contemplated use of preparation, such as leveling of land, boring test holes or preliminary negotiations with contractors or architects.

C.

The city shall not decide an issue of whether a vested right exists unless it is associated with a development action or a legislative process. A vested right issue not associated with an accompanying action shall not be decided by the city and may be subject to the jurisdiction of the Circuit Court of the State of Oregon.

(Ord. 96-4 § 1 (part), 1996)

The following types of development applications inside the UGB shall be subject to a requirement for a community meeting:

A.

Site plan review;

B.

Conditional use;

C.

Development plan in Kingston Terrace;

D.

Zone change; and

E.

Subdivision.

(Ord. O-06-01 (part), 2006)

(Ord. No. O-2015-01, § 1(Exh. A), 3-18-2015; Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

The applicant shall be required to hold at least one community meeting prior to submitting an application for approval of one of the application types listed in Section 16.46.010. Applications for development shall not be complete until substantiation of the community meeting has been submitted to the city manager. Substantiation shall include:

A.

Copy of notice of community meeting posted;

B.

Copy of notice mailed to neighbors;

C.

Affidavit, signed by applicant that notice was mailed and posted as required. The affidavit shall be notarized; and

D.

Copy of meeting minutes and notes taken to provide a record, including names and addresses of people attending and all issues raised.

(Ord. O-06-01 (part), 2006)

(Ord. No. O-2015-01, § 1(Exh. A), 3-18-2015)

The purpose of the community meeting is to provide an opportunity for neighbors to review a development proposal and identify issues that may be addressed in a manner consistent with the King City code and to address the issues prior to submission of the application. The community meeting shall occur within one hundred eighty days before submitting a land development application.

(Ord. O-06-01 (part), 2006)

The applicant shall post a notice of the community meeting on the site of the proposed development not less than twenty calendar days prior to the meeting. The notice shall state that the site may be subject to a proposed development, shall indicate the date, time and location of a community meeting, and shall indicate the name of the applicant and telephone number where applicant or its representative may be reached for more information. Not less than twenty calendar days prior to the meeting, the applicant shall mail written notice of the meeting to the city manager and to all neighbors within two hundred and fifty feet of the property that is proposed to be developed. In addition to the information posted on the site, the notice shall also provide tax lot number(s) of the proposed site, site address, acreage, current land use designation, and a brief description of the nature of the proposed development.

(Ord. O-06-01 (part), 2006)

(Ord. No. O-2015-01, § 1(Exh. A), 3-18-2015)

A.

All public notices shall be deemed to have been provided or received upon the date the notice is deposited in the mail or personally delivered, whichever occurs first.

B.

The records of the Washington County Department of Assessment and Taxation shall be used for determining the property owner of record. Persons not on file with that department at the time an application is filed need not be notified. Failure to actually receive notice shall not invalidate an action if a good faith attempt was made to notify all persons entitled to notice. A sworn certificate of mailing issued by the person conducting the mailing shall be conclusive evidence of a good faith attempt to contact all persons listed in the certificate. Mortgagees, lien holders, vendors and sellers receiving notice shall promptly forward a copy by mail to the purchaser.

C.

For notice purposes, the boundary of the subject property shall be the property, which is the subject of the application, together with all contiguous property under identical ownership.

D.

In addition to any other notice for Type II city manager and Type III planning commission development actions, the applicant shall post the subject property in conformance with standards as set forth by the city council Ordinance and Order Number 96-04, amended February 21, 1996 and incorporated by reference herein. No decisions shall be provided until the applicant has filed an affidavit of posting as specified in the resolution and order.

(Ord. O-03-2 § 1 (part), 2003; Ord. 96-4 § 1 (part), 1996)

(Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

A.

No public notice of review is required.

B.

Written notice of the decision of the city manager shall be provided to the applicant.

(Ord. 96-4 § 1 (part), 1996)

(Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

A.

A public notice of pending review shall be mailed to:

1.

The applicant and/or representative;

2.

All property owners of record within two hundred fifty feet of the subject property.

B.

The public notice shall contain:

1.

The name of the applicant or representative and the city case file number;

2.

A description of the subject property reasonably sufficient to inform the reader of its location;

3.

A concise description of the proposed development action and a listing of review standards;

4.

A statement that the complete application, standards and other such information are available at the city for review, and the phone number and name of a city contact person;

5.

A statement that this is an opportunity for interested parties to submit written comments about the proposed request; that prior to making a decision, the manager will consider any written comments actually received by the city within a fourteen calendar day comment period; that written comments may be received after the comment period, but that the manager does not have to consider these comments prior to making a decision; that the manager will then make a decision and send a summary of the decision to those persons whose written comments are received by the city, including comments received after the comment period, and those persons who were entitled to be mailed a public notice of pending review of the city manager action pursuant to Chapter 16.48; and that any person entitled to a notice of the decision may appeal or request reconsideration of the decision as provided in Chapters 16.64 and 16.68;

6.

The comment closing date, which ends at five p.m. that day, in bold letters; and

7.

The following statement in bold letters: NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST BE PROMPTLY FORWARDED TO THE PURCHASER.

C.

After close of the fourteen calendar day comment period, the manager shall promptly issue a decision based upon review of the use of development in light of the applicable standards and the comments received. In addition to comments from those entitled to notice, the manager shall consider the written comments of persons who demonstrate that their substantial rights may be adversely affected or aggrieved by the decision.

D.

Notice of the decision shall be provided to the applicant, all persons who submitted written comments, and all persons who are entitled to be mailed a public notice of pending review of the city manager action pursuant to Chapter 16.48.

1.

A brief summary of the nature of the action, the decision and conditions of approval, if any;

2.

A description of the subject property reasonably sufficient to inform the public of its location;

3.

The date the decision was provided and the due date for an appeal;

4.

A statement that the decision may be appealed and a public hearing held by filing a signed petition for review within fourteen calendar days of the date the decision was provided. The statement shall note that the petition shall be filed with the city by five p.m. of the closing date of the appeal period. The elements of a petition for review set forth in Chapter 16.68, and the fee, shall be listed. The statement shall note that only those persons who responded in writing to the notice of pending review and all persons who were entitled to be mailed a public notice of pending review of the city manager action pursuant to Chapter 16.48 are entitled to appeal or request reconsideration of the decision;

5.

A statement that a motion for reconsideration may be filed as provided in Chapter 16.64, but that filing a motion does not stop the appeal period from running; and

6.

A statement that the complete case, including findings and conclusions and conditions of approval, if any, are available for review at the city.

(Ord. 96-4 § 1 (part), 1996)

(Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

A.

Notice of public hearing shall be sent by mail at least twenty calendar days before the hearing.

B.

The notice of public hearing shall be mailed to:

1.

The applicant or representative;

2.

All property owners of record within two hundred fifty feet of the subject property; and

3.

Tenants of a mobile home or manufactured dwelling park when a request for a plan amendment which would change the land use designation of the property which includes all or part of the park. Failure of a tenant to receive a notice which was mailed shall not invalidate any plan amendment.

C.

The notice of public hearing shall contain:

1.

The name of the applicant or owner;

2.

The nature of the proposed development;

3.

A description of the subject property reasonably sufficient to inform the public of its location;

4.

The designation of the approval authority and the time, date and place of hearing;

5.

A statement that all interested persons may appear and provide testimony that only those making an appearance of record shall be entitled to appeal;

6.

A statement that the hearing will be conducted in accordance with the rules of procedure adopted by the city council;

7.

The following statement: NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER;

8.

The applicable review criteria that apply to the application;

9.

A statement that failure of an issue to be raised in the hearing, in person or by letter, or failure to provide sufficient specificity to afford the approval authority an opportunity to respond to the issue precludes appeal to the land use board of appeals based on that issue;

10.

The name of a city representative to contact and the telephone number where additional information may be obtained;

11.

A statement that a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost;

12.

A statement that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and will be provided at reasonable cost; and

13.

A general explanation of the requirements for submission of testimony and the procedure for conduct of hearings. A statement that the record of the hearing shall remain open if a request is made before the close of the public hearing.

D.

In addition to all other notice, at least ten calendar days before a planning commission public hearing, notice shall be provided in a newspaper of general circulation in the city.

E.

Additional notice of any hearing may be required by the city council.

F.

Notice of the decision shall be provided to all persons who made an appearance of record. The notice shall contain:

1.

A brief summary of the decision, and conditions of approval, if any;

2.

A description of the subject property reasonably sufficient to inform the public of its location;

3.

The date the decision was provided and the due date for an appeal;

4.

A statement that the decision may be appealed and a public hearing held by filing a signed petition, along with the required fee, for review within fourteen calendar days of the date the decision was provided. The statement shall note that the petition shall be filed with the city by five p.m. of the closing date of the appeal period. The elements of a petition for review set forth in Chapter 16.68, and the fee shall be listed. The statement shall note that only those persons who made an appearance of record are entitled to appeal or request reconsideration of the decision;

5.

A statement that a motion for reconsideration may be filed as provided in Chapter 16.64, but that filing a motion does not stop the appeal period from running; and

6.

A statement that the complete case, including findings and conclusions, and conditions of approval, if any, are available for review at the city.

(Ord. O-03-2 § 1 (part), 2003; Ord. 96-4 § 1 (part), 1996)

(Ord. No. O-98-01, § 5, 10-7-1998; Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

A.

Notice of public hearing shall be provided as described in sections 16.48.040.A through E.

B.

Notice of the decision shall be provided to all persons who made an appearance of record. The notice shall contain:

1.

A brief summary of the decision, and conditions of approval, if any;

2.

A description of the subject property reasonably sufficient to inform the public of its location;

3.

The date the decision was provided and the due date for an appeal;

4.

A statement that the decision may be appealed to the Land Use Board of Appeals;

5.

A statement that a motion for reconsideration may be filed as provided in Chapter 16.64, but that filing a motion does not stop the appeal period from running; and

6.

A statement that the complete case, including findings and conclusions, and conditions of approval, if any, are available for review at the city.

(Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

Notice of a public hearing conducted by the approval authority to review a Type II decision by the city manager or the planning commission shall be provided in the same manner as required for Type III planning commission actions. Notice of decision on appeal shall be provided to all parties of record. In addition, notice of hearing on appeal to the city council shall be provided to all parties to the hearing conducted by the approval authority.

(Ord. 96-4 § 1 (part), 1996)

(Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

Editor's note— Formerly codified as § 16.48.050. With the inclusion of new provisions added as § 16.48.050 by Ord. No. 2023-04, existing provisions have been renumbered accordingly as herein set out above.

Notice of public hearing shall be provided in accordance with Chapter 16.48 of this title and the rules of procedure adopted by the city council.

(Ord. 96-4 § 1 (part), 1996)

A.

Public hearings shall be conducted in accordance with the rules of procedure adopted by the applicable approval authority.

B.

At the beginning of the hearing for an application, a statement shall be made to those in attendance that:

1.

Lists the applicable substantive criteria;

2.

States that testimony and evidence must be directed toward the criteria described in subsection B.1 of this section or other criteria in the plan or land use regulation which the person believes to apply to the decision; and

3.

States that failure to raise an issue with sufficient specificity to afford the decision maker and the parties an opportunity to respond to the issue precludes appeal to the land use board of appeals based on that issue.

(Ord. 96-4 § 1 (part), 1996)

A.

The following persons, or their authorized representatives, may participate during the comment period or public hearing:

1.

The applicant or applicant's representative and the owners of the subject property;

2.

Those persons entitled to notice; and

3.

Any other person who demonstrates to the approval authority that the person's rights may be adversely affected or aggrieved by the decision.

B.

Only parties shall be entitled to appeal a decision. Only persons who make an appearance of record shall be parties to a city manager or planning commission action. Only the applicant, persons who submitted written comments and persons entitled to notice of pending review shall be deemed parties to a city manager action.

C.

Appearance of record shall mean:

1.

An oral statement made at the hearing sufficiently identifying the speaker and the speaker's address; or

2.

A written statement giving the name and address of the maker of the statement and introduced into the record prior to or at the public hearing. A person's name and address on a petition introduced into the record constitutes an appearance of record.

(Ord. 96-4 § 1 (part), 1996)

A.

Absent mechanical failure or inadvertent error, a verbatim written or mechanical record of the hearing may be made. In addition, written minutes giving a true reflection of the matters discussed and the views of the participants shall be taken. Such minutes shall substitute for a verbatim record in the event of mechanical failure or inadvertent error.

B.

Failure to comply with Section 16.52.040.A shall not invalidate any action provided that a de novo appeal or other relief is available.

(Ord. 96-4 § 1 (part), 1996)

Subject to the specific standards and limitations set forth in this title, the following procedural entitlements shall be provided at the public hearing.

A.

A reasonable opportunity for those persons entitled to notice or who may be adversely affected or aggrieved by the decision to present evidence.

B.

A reasonable opportunity for the applicant to rebut evidence submitted by opponents.

C.

An impartial approval authority as free from potential conflicts of interest and pre-hearing ex-parte contacts as reasonably possible. It is recognized, however, that the public has a countervailing right of free access to public officials:

1.

Approval authority members shall disclose the substance of any significant pre-hearing ex-parte contacts with regard to the matter at the commencement of the public hearing on the matter. The member shall state whether the contact has impaired the impartiality or ability of the member to vote on the matter and shall participate or abstain accordingly.

2.

A member of the approval authority shall not participate in any proceeding or action in which any of the following has a direct or substantial financial interest: the member or the member's spouse, brother, sister, child, parent, father-in-law, mother-in-law, partner, any business in which the member is then serving or has served within the previous two years, or any business with which the member is negotiating for or has an arrangement or understanding concerning prospective partnership or employment. Any actual or potential interests shall be disclosed at the meeting of the review authority where the action is being taken.

3.

Disqualification of an approval authority member due to contacts or conflict may be ordered by a majority of the members present and voting. The person who is the subject of the motion may not vote.

4.

If all members abstain or are disqualified, the administrative rule of necessity shall apply. All members present who declare their reasons for abstention or disqualification shall thereby be re-qualified to act.

(Ord. 96-4 § 1 (part), 1996)

A.

The approval authority may set reasonable time limits for oral presentations. The approval authority may determine not to receive cumulative repetitious, immaterial, derogatory or abusive testimony. Persons may be required to submit written testimony in lieu of oral if the approval authority determines that a reasonable opportunity for oral presentations has been provided.

B.

No testimony shall be accepted after the close of the public hearing unless the approval authority sets a deadline for such testimony and provides an opportunity for review and rebuttal, oral or written, at the direction of the approval authority.

C.

Unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing. Such an extension shall not be subject to the limitations of ORS 215.428 or 227.178.

D.

When the approval authority reopens a record to admit new evidence or testimony, any person may raise new issues which relate to the new evidence, testimony or criteria for decision-making which apply to the matter at issue.

E.

Counsel for the approval authority may be consulted solely on legal issues without reopening the public hearing. Objections alleging that counsel is discussing or testifying as to factual matters shall be heard.

F.

The presiding officer shall preserve order at all public hearings and shall decide questions of order subject on a majority vote of the approval authority. Persons who become disruptive or abusive may be ejected from the hearing.

(Ord. 96-4 § 1 (part), 1996)

A.

The approval authority may place any person submitting testimony under oath or affirmation. Once sworn or affirmed, all testimony subsequently given by the person during the hearing or a continuation thereof shall be deemed to be under oath.

B.

Cumulative, repetitious, immaterial or irrelevant evidence may be excluded. Evidence shall be admissible if it is of a type commonly relied upon by reasonable and prudent persons in the conduct of serious affairs. Evidence may be received subject to a later filing regarding its admissibility. Erroneous admission or evidence shall not invalidate or preclude action unless shown to have prejudiced the substantial rights of a party.

C.

Members of the approval authority may take official notice of judicially cognizable facts of general, technical or scientific facts within their specialized knowledge. Such notice shall be stated and may be rebutted.

D.

Exhibits shall be marked to provide identification upon review. Unless required for an appeal, all exhibits shall be retained by the city for a period of not less than thirty calendar days after expiration of all appeals. Exhibits may be disposed of as provided by the manager.

E.

Any member of the approval authority may visit the subject property and may use information gained to reach a decision, provided the information relied upon is disclosed and an opportunity to rebut provided.

(Ord. 96-4 § 1 (part), 1996)

Except as otherwise provided, the applicant initially, or the appealing party on appeal shall bear the burden of proof that the proposal is in compliance with the applicable standards. In addition, evidence of mistake in adoption of the plan designation or development regulations or subsequent change in the affected area are relevant considerations.

(Ord. 96-4 § 1 (part), 1996)

Unless specifically identified as jurisdictional, failure to comply with a provision of this article shall invalidate an action only if it prejudices the substantial rights of the person alleging the error. Persons alleging procedural error shall have the burden of proof as to whether the error occurred and whether the error has prejudiced the person's substantial rights.

(Ord. 96-4 § 1 (part), 1996)

After review of all evidence is submitted to the record, the approval authority may:

A.

Approve or deny all or part of the application;

B.

Approve all or part with modifications or conditions of approval as described in Section 16.60.060;

C.

Defer a decision as provided in Section 16.60.070;

D.

Dismiss without prejudice due to procedural error or remand to correct a procedural error.

(Ord. 96-4 § 1 (part), 1996)

No decision is final for the purposes of reconsideration or appeal until it has been reduced to writing and signed by the approval authority or its designee. If a public hearing has been held, the approval authority may announce a tentative decision at the close of the public hearing, but shall in any case announce a date certain on which the decision shall be adopted or issued. If no public hearing has been held, the decision shall be announced in writing and made available to all parties as simultaneously as reasonably possible.

(Ord. 96-4 § 1 (part), 1996)

An approval or denial of a development action shall be based upon substantial evidence in the record that addresses the pertinent standards and criteria set forth in the applicable provisions of state law, the comprehensive plan, this title and other applicable laws as determined by the approval authority.

(Ord. 96-4 § 1 (part), 1996)

The approval authority shall provide brief and concise findings of fact, conclusions of law and an order for all development approvals, conditional approvals or denials. The findings and order shall set forth the criteria and standards considered relevant to the decision, state the facts relied upon and briefly indicate how those facts support the decision. In the case of denial, it shall be sufficient to address only those standards upon which the applicant failed to carry the burden of proof or, when appropriate, the facts in the record that support denial.

(Ord. 96-4 § 1 (part), 1996)

No new application for a development action that is the same or substantially similar to an action that has been denied shall be accepted for a period of six months from the date of the city's final decision of denial.

(Ord. 96-4 § 1 (part), 1996)

A.

The approval authority may impose conditions on any city manager or planning commission development approval. Such conditions shall be designed to protect the public from potential adverse impacts of the proposed use or development or to fulfill an identified need for public services within the impact area of the proposed development. Conditions shall not restrict densities to less than that authorized by the development standards of this title.

B.

In addition to conditions imposed pursuant to subsection A of this section, a condition is valid and enforceable when the applicant has:

1.

Requested the condition;

2.

Consented to the condition in writing or on the record; or

3.

Established or commenced the development or use (other than a valid nonconforming use) prior to approval.

C.

Assurance of Compliance with Conditions. A bond, cash deposit or other security acceptable to the approval authority may be required from the applicant in an amount sufficient to ensure compliance with a condition of approval.

D.

Time Limits on Conditions. Conditions shall be fulfilled within the time limitations set forth or a reasonable time if no time limitations are specified. Failure to fulfill a condition within said time may result in initiation of revocation of the approval, citation or such other enforcement action as the city deems appropriate.

E.

Failure to Fulfill Previous Conditions. Notwithstanding any other provision, the approval authority shall refuse to issue an approval with conditions, and deny an application, upon a determination that the applicant, or any officer, or principal of the applicant, wilfully has failed to fulfill conditions of approval imposed in any previous development action and a determination that such a decision would encourage compliance or is necessary to protect the public from future noncompliance.

F.

Modification or Removal of Conditions. Modification or removal of conditions of approval may be sought on appeal or as a new development action. A new development action shall be processed through the same procedure as was used to impose the conditions.

(Ord. 96-4 § 1 (part), 1996)

A.

The approval authority may continue the public hearing and defer a decision to a date certain. No new notice is required for hearings continued to a date certain. Any deferral to a date certain that exceeds ninety days without consent of the applicant shall be in the form of an order setting forth the reasons for deferral. Such a deferral may be treated as a denial by the applicant for purposes of reconsideration and appeal if the applicant files a petition for review within fourteen calendar days of written notice of the deferral.

B.

An indefinite deferral shall require new notice to all persons identified in Chapter 16.48. An indefinite deferral without the consent of the applicant shall be in the form of an order setting forth the reason for deferral and may be treated by the applicant as a denial for purposes of reconsideration and appeal if the applicant files a petition for review within fourteen calendar days of written notice of the deferral.

(Ord. 96-4 § 1 (part), 1996)

A.

Decisions of the manager or planning commission on an application shall be deemed final and effective upon expiration of the appeal period if no petition for review is filed within that time. Once final and effective, the decision cannot be appealed.

B.

Decisions of the council on an application shall be deemed final as follows:

1.

If no petition for reconsideration is timely filed, the decision shall be deemed final on the date notice of the decision was provided to the parties.

2.

If a petition for reconsideration is filed and denied, the decision shall be deemed final on the date notice of the denial of reconsideration is provided to the parties.

3.

If a petition is filed and reconsideration granted, the decision shall be deemed final on the date notice of the decision on the development, as reconsidered, is provided.

(Ord. 96-4 § 1 (part), 1996)

Reconsideration of a Type I administrative, Type II city manager or Type III planning commission decision is available only as an extraordinary remedy upon a determination by the approval authority that:

A.

The party requesting reconsideration has sufficiently alleged in writing that a mistake of law or fact occurred;

B.

The alleged mistake, if found to have occurred, was a substantial factor in the decision; and

C.

Reconsideration is appropriate to avoid delay or hardship which may be caused by an appeal.

(Ord. 96-4 § 1 (part), 1996)

(Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

A motion for reconsideration must be filed in writing with the manager within seven calendar days of the date the notice of decision is provided. The motion shall address the factors set forth in Section 16.64.010 of this chapter. The applicable fee adopted by the city council shall be submitted with the request.

A motion for reconsideration may be filed by the applicant, the manager or a party of record.

(Ord. 96-4 § 1 (part), 1996)

Filing a motion for reconsideration is not a precondition to appealing the decision and does not stay the deadline for filing an appeal. To preserve the right to appeal, a party must file a petition for review as provided in Chapter 16.68. If the initial approval authority grants reconsideration, and ultimately rules in favor of the party filing for reconsideration, the party may terminate its appeal.

(Ord. 96-4 § 1 (part), 1996)

Motions seeking reconsideration of a planning commission decision shall be summarily decided by the approval authority as a non-public hearing item at the first reasonably available opportunity. Motions seeking reconsideration of an administrative or city manager decision shall be summarily decided by the manager within fourteen calendar days of the receipt of the motion. Within seven calendar days, the approval authority shall issue a written notice of the decision to grant or deny the motion for reconsideration to the party requesting reconsideration. The decision as to whether to reconsider is not subject to appeal.

(Ord. 96-4 § 1 (part), 1996)

A.

Upon granting the motion to reconsider a Type III planning commission decision, the manager shall schedule and notify the parties of a new public hearing on the merits of the issues raised. The reconsideration of the decision shall be limited to the issues raised in the motion for reconsideration and the merits of the issues raised. Such a hearing shall be held at the next reasonably available opportunity.

B.

Upon granting the motion to reconsider a Type I administrative or Type II city manager decision, the manager shall notify the parties of the reconsideration of the application on the merits of the issues raised. The reconsideration of the decision shall be limited to the issues raised in the motion for reconsideration and the merits of the issues raised. The review shall be done at the next reasonably available opportunity.

(Ord. 96-4 § 1 (part), 1996)

(Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

If the motion for reconsideration is denied or the decision is not altered upon reconsideration, any appeal timely filed shall be processed in accordance with Chapter 16.68. If the motion is granted and the approval authority modifies the previous decision, the parties to the initial decision shall be notified within ten calendar days of the decision and may appeal the decision as modified pursuant to Chapter 16.68.

(Ord. 96-4 § 1 (part), 1996)

No decision shall be reconsidered more than once.

(Ord. 96-4 § 1 (part), 1996)

A decision of the approval authority may be appealed only if within fourteen calendar days after written notice of the decision is provided to the parties.

A.

A party files a complete petition for review with the city manager;

B.

The city manager files a complete petition for review; or

C.

The city council directs that an appeal be initiated. The grounds for directing an appeal shall be set forth by the council.

(Ord. 96-4 § 1 (part), 1996)

(Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

A.

The planning commission shall hear appeals of Type I administrative and Type II city manager decisions.

B.

The city council shall hear appeals of decisions of the planning commission.

(Ord. 96-4 § 1 (part), 1996)

(Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

A petition for review shall contain the following:

A.

The name of the applicant and the city case file number;

B.

The name and signature of each petitioner and statement of the interest of each petitioner to determine party status.

Multiple parties may join in filing a single petition for review, but each petitioner shall designate a single contact representative for all contact with the city.

All city communications regarding the petition, including correspondence, shall be with this contact representative;

C.

The date that notice of the decision was sent as specified in the notice;

D.

The nature of the decision and the specific grounds for appeal. Unless otherwise directed by the appellate authority, the appeal of a Type I administrative, Type II city manager and Type III planning commission decisions shall be limited to the issue(s) raised in the petition;

E.

The appeal fee adopted by the city council;

F.

In appeals to the council, a request for a partial or full de novo hearing as provided in Section 16.68.050 if desired;

G.

Failure to file a signed and complete original petition with the city by five p.m. on the due date, with the proper fee, shall be a jurisdictional defect.

(Ord. 96-4 § 1 (part), 1996)

(Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

A.

A transcript shall be prepared at the request of the appellant, and at the cost of the appellant for all appeals of public hearing items.

B.

In all cases where a transcript is requested by the appellant, the manager shall promptly provide the appellant with a written estimate of the cost. Failure to pay the estimated cost within fourteen calendar days of being provided the estimate shall be a jurisdictional defect. Failure to pay the total balance due in excess of the estimate within seven calendar days of billing shall be a jurisdictional defect. Any amount paid in excess of the actual cost shall be refunded by the manager within thirty calendar days of determination of the actual cost.

(Ord. 96-4 § 1 (part), 1996)

A.

All hearings on appeal shall be conducted as public hearing in accordance with Chapters 16.52 and 16.56.

B.

Review of the final decision of Type I administrative and Type II city manager actions shall be de novo. At the public hearing before the planning of commission of an appeal of an administrative or city manager action, participants shall be limited to the applicant, those who made the appeal and those persons who were entitled to be mailed a public notice of pending review of the action pursuant to Chapter 16.48, and those who made written comments as prescribed in Chapter 16.52.

C.

Except as provided in subsections D through F of this section, appeal to the city council of all final decisions of the planning commission shall be confined to the record. The record shall include:

1.

Reference the name, case number and date of the decision;

2.

Contain the name and address of the requesting party;

3.

Indicate the reasons for the request without addressing the merits of the land use action; and

4.

Indicate any persons known to be opposed to the request.

D.

The request for a de novo hearing shall be decided by the city council as a non-public hearing item, except that the city council may make such provision for notice to the parties and may take such testimony as it deems necessary to fully and fairly address significant procedural or substantive issues raised. The city council shall grant the request only upon findings that:

1.

A de novo hearing is necessary to fully and properly evaluate a significant issue relevant to the proposed development action;

2.

The substantial rights of the parties will not be significantly prejudiced; and

3.

The request is not necessitated by improper or unreasonable conduct of the requesting party or by a failure to present evidence that was available at the time of the previous review.

E.

Hearings before the city council on items on appeal, either on the record, partial de novo, or de novo hearings, shall have the following time limitations:

1.

If the item is heard on the record, the appealing party will have fifteen minutes total to present his/her arguments. The opposition will have fifteen minutes total to present their arguments. The appealing party will also have five minutes for rebuttal.

2.

For partial de novo hearings, the appealing party will have twenty minutes total to present his/her arguments. The opposition will have twenty minutes total to present its arguments. The appealing party will also have five minutes for rebuttal.

3.

For a completely de novo hearing, the appealing party will have thirty minutes total to present his/her arguments. The opposition will have thirty minutes total to present their arguments. The appealing party will also have five minutes for rebuttal.

4.

The council chairman retains the authority to allow additional time as he/she deems appropriate and only if the party requesting the additional time has delivered to the manager, at least one week in advance of the hearing, a written statement of the reasons for the request for additional time.

F.

In conjunction with determining whether to conduct a de novo hearing, the city council may remand the matter to the planning commission. The decision on whether to remand shall not be appealable. Upon remand, the applicant shall be entitled to return of the appeal fee. Appeal from a decision on remand shall be taken as any other appeal.

G.

Notwithstanding the above, the city council may solicit or admit new evidence during a hearing on the record after considering the factors listed in subsection D of this section.

(Ord. 96-4 § 1 (part), 1996)

(Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

A.

Decisions of the city council are governed by Chapter 16.60.

B.

In addition to the decisions listed in Section 16.60.010, the city council may remand the matter to the prior approval authority for further proceedings as the council directs.

(Ord. 96-4 § 1 (part), 1996)

(Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

The city council may reconsider a decision on its own motion or upon a petition for reconsideration filed by a party with the manager within seven calendar days after written notice of the decision is provided.

A.

Filing a petition for reconsideration is not necessary to exhaust administrative remedies and perfect an appeal to a body of competent jurisdiction.

B.

The motion or petition shall state the alleged errors necessitating reconsideration. A fee may be established by resolution and order.

C.

The city council shall summarily decide whether to reconsider at the time the motion is made or at the next reasonably available council meeting following filing of the petition. Reconsideration shall require the consent of three councilors.

D.

If reconsideration is granted, the matter shall be scheduled for a public hearing before the city council at the next reasonably available hearing date. Notice of the hearing shall be sent by mail no later than twenty calendar days prior to the hearing to all persons who made an appearance of record below. The hearing shall be conducted as a hearing on the record and new evidence or testimony shall be limited to grounds upon which the motion or petition for reconsideration was granted.

(Ord. 96-4 § 1 (part), 1996)

(Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

No final decision shall be reconsidered by the city council more than once. If more than one petition for reconsideration is received in the seven calendar day period provided in Section 16.72.010, the petitions shall be consolidated.

(Ord. 96-4 § 1 (part), 1996)

(Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

When an application is remanded from an appellate body, such as the land use board of appeals, to the city for further proceedings, the city council may decide at a regular meeting, as a non-public hearing item, whether the matter shall proceed before the council or a subordinate approval authority.

(Ord. 96-4 § 1 (part), 1996)

(Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

A.

Decisions of the manager or planning commission on an application shall be deemed final and effective upon expiration of the appeal period if no petition for review is filed within that time. Once final and effective, the decision cannot be appealed.

B.

Decisions of the city council on an application shall be deemed final as follows:

1.

If no petition for reconsideration is timely filed, the decision shall be deemed final on the date notice of the decision was provided to the parties.

2.

If a petition for reconsideration is filed and denied, the decision shall be deemed final on the date notice of the denial of reconsideration is provided to the parties.

3.

If a petition is filed and reconsideration granted, the decision shall be deemed final on the date notice of the decision on the development, as reconsidered, is provided.

(Ord. 96-4 § 1 (part), 1996)

(Ord. No. 2023-04, § 1(Exh. A), 10-18-2023)

No person shall engage in or cause to occur any development; erect, construct, reconstruct, alter, maintain, use or transfer any building or structure; or alter, use or transfer any land in violation of this title, or the comprehensive plan.

(Ord. 96-4 § 1 (part), 1996)

Maximum fines upon conviction of the following offenses shall be as required by the city's schedule of fees and penalties as approved through resolution of the city council are as follows:

A.

Five hundred dollars per offenses for intentional violations where the responsible individual received verbal or written notice regarding city standards, which were subsequently violated;

B.

Two hundred fifty dollars per offense for all other offenses; and

C.

Each day of violation shall constitute a separate offense.

(Ord. 96-4 § 1 (part), 1996)

City municipal, justice, district and circuit courts shall have jurisdiction over prosecutions under this code as provided by law.

(Ord. 96-4 § 1 (part), 1996)

The fines provided for in this chapter are in addition to and not in lieu of any other remedy provided by law, including, but not limited to denial or revocation of a development permit, injunction, mandamus, abatement or civil damages as provided by state law.

(Ord. 96-4 § 1 (part), 1996)

No building permit shall be issued unless it has first been determined that such building or structure, as proposed, and the land upon which it is proposed to be located, complies with all applicable provisions of this title or is exempt therefrom. In addition to any other submitted materials required by law, applications for building permits shall be accompanied by a valid development permit or a statement specifying the applicable exemption.

(Ord. 96-4 § 1 (part), 1996)

A.

A uniform citation conforming to the requirements of this section may be used for all violations of this code and the rules and regulations adopted pursuant thereto, committed in the presence of the complainant and which occur in King City.

B.

The uniform citation shall consist of at least four parts. Additional parts may be inserted for administrative use. The required parts are:

1.

Complaint;

2.

City counsel's record of violation;

3.

City's record of violation; and

4.

Summons.

C.

Each of the parts shall contain the following information or blanks in which such information shall be entered.

1.

Name of the court and the court's docket or file number;

2.

Name of the person cited;

3.

Brief description of the violation of which the person is charged in such a manner as can be readily understood by a person making a reasonable effort to do so; the date, time and place at which the violation occurred; the date on which the citation was issued and the name of the complainant;

4.

The time and place where the person cited is to appear in court;

5.

The bail, if any, fixed for the violation;

6.

The designation of the method of service and certification that such service has been made; and

7.

When such service is certified mail, return receipt requested, such shall be stated on the complaint and the required certification of service may be made upon receipt of the "return receipt" and after the filing of the complaint.

D.

Each of the parts shall also contain such identifying and additional information as may be necessary or appropriate for the manager to administer the section under which the citation was issued.

E.

The complaint shall contain a form of certification by the complainant to the effect that he/she certifies, under penalties prescribed in subsection F of this section, that he/she has reasonable grounds to believe, and does believe, that the person cited committed the violation contrary to this title or the rules and regulations adopted pursuant thereto, made and provided by King City. This certification, if made by the manager or his/her authorized designee, or a duly authorized peace officer, need not be made before a magistrate or any other person. Any private person utilizing the uniform citation shall certify before a municipal court judge, clerk or deputy clerk of the municipal court of King City, and this action must be entered in the court record and contain the substance of the matters appearing on the reverse side of all uniform complaints used in the municipal court or as otherwise directed by said municipal court.

A certificate conforming to this chapter shall be deemed equivalent to a sworn complaint.

F.

Any person who in connection with the issuance of a citation, or the filing of a complaint, for the violation of this chapter or rules or regulations adopted pursuant thereto, wilfully certifies falsely to the matters set forth therein is punishable by a fine of not more than three thousand dollars as required by the city's schedule of fees and penalties as approved through resolution of the city council.

(Ord. 96-4 § 1 (part), 1996)

READ CAREFULLY

 You have been charged with a violation of the community development code of King City. You MUST do ONE of the following:

1. Appear in Court at the time mentioned in this summons and request a hearing. The court will then set a time for a hearing.

2. Mail to the Court this summons, together with a check or money order in the amount of the bail indicated on the other side of this summons and tell the Court you request a hearing. THIS SUMMONS AND THE BAIL MUST REACH THE COURT BEFORE THE TIME WHEN THIS SUMMONS REQUIRES YOU TO APPEAR IN COURT. If you don't want a hearing, but wish to explain your side, send your explanation with the summons and bail. The court will then consider your explanation and may forfeit your bail or part of it, on the basis of your explanation and what the officer tells the court.

3. Sign the plea of guilty below and send this summons to the Court, together with check or money order in the amount of bail indicated on the other side of this summons. THIS SUMMONS AND THE BAIL MUST REACH THE COURT BEFORE THE TIME WHEN THIS SUMMONS REQUIRES YOU TO APPEAR IN COURT. NOTE: If you have already given bail or other security for your appearance, proceed as mentioned above, but do not send in any additional sum as bail.

APPEARANCE, PLEA OF GUILTY
AND WAIVER

I, the undersigned, do hereby enter my appearance on the complaint of the violation charged on the other side of this summons. I have been informed of my right to a trial, that my signature to this plea of guilty will have the same force and effect as a judgment of court. I do hereby PLEAD GUILTY to said violation as charged, WAIVE any right to a HEARING by the Court, and agree to pay the penalty prescribed for my violation.

__________________
(Defendant's Name)

__________________
(Defendant's Name)

__________________

MAIL YOUR REMITTANCE TO:

King City Municipal Court
15300 S.W. 116th Avenue
King City, Oregon 97224

_____

NOTICE

IF YOU FAIL TO DO ONE OF THE THREE FOREGOING PROCEDURES, OR FAIL TO APPEAR FOR TRIAL AT THE TIME SET BY THE COURT, YOU MAY BE CHARGED WITH THE ADDITIONAL AND SEPARATE VIOLATION OF FAILURE TO MAKE REQUIRED APPEARANCE.

THE COURT MAY IN ANY CASE, AFTER NOTICE, REQUIRE YOU TO APPEAR FOR A HEARING.

_____

G.

Any error in transcribing information into the blanks provided in the citation form when determined by the court to be non-prejudicial to the defendant's defense, may be corrected at the time of trial or prior to time of trial with notice being given to defendant.

H.

Except as provided in subsection G of this section, the complaint shall be set aside by the court only upon the motion of the defendant before plea if it does not conform to the requirements of this section.

(Ord. 96-4 § 1 (part), 1996)

Prosecutions shall be commenced as follows:

A.

The manager or his/her authorized designee, or a duly authorized peace officer, may issue a uniform citation for violation of this code committed in his/her presence and when committed at any location within King City, Oregon.

B.

A private person may commence an action for a code violation as provided in Section 16.76.060.E and under the same conditions as provided in subsection A of this section. The commencement of all actions by private persons for violation of this code committed in their presence utilizing the uniform citation form shall be with the discretion and judgment of the city manager, and conform to the procedures for certification and service as required in Sections 16.76.060 and 16.76.080, respectively.

(Ord. 96-4 § 1 (part), 1996)

If a citation is commenced as described in Section 16.76.070.A or B, the manager, or his/her authorized designee, or a peace officer, or the city counsel, respectively, shall serve the summons portion of such citation in one of the following manners:

A.

Service may be made personally upon the defendant.

B.

If the defendant cannot be found, then service may be made to a member of his/her family over fourteen years of age who resides at that abode or to a person apparently in charge of the defendant's work place.

C.

If service is made as provided in subsection B of this section, the manager, as soon as reasonably possible, shall mail a true copy of the defendant's last known address, together with a statement of the date, time and place of service.

(Ord. 96-4 § 1 (part), 1996)

A summons for a code violation is sufficient if it contains the following:

A.

The name of the court, name of the person cited, date on which the citation was issued, name of the complainant and the time and place in which the person cited is to appear in court.

B.

A brief description or designation of the offense in such a manner that can be readily understood by a person making a reasonable effort to do so, and the date, time and place in which the violation is alleged to have occurred.

C.

The complaint shall contain a form of certificate by the complainant to the effect that he/she certifies, under the same penalties as prescribed in Section 16.76.060.F that he/she has reasonable grounds to believe, and does believe that the person committed the violation contrary to the code. The certification, if made by the manager or his/her authorized designee, or a peace officer need not be made before a magistrate or any other person. A private party shall certify before a Washington County district court judge, or clerk or deputy clerk of the district court, and this action shall be entered into the court record.

(Ord. 96-4 § 1 (part), 1996)

The defendant shall either appear in court at the time indicated in the summons, or prior to such time shall deliver to the court the summons, together with check or money order in the amount of the bail set forth on the summons, together with:

A.

A request for a hearing; or

B.

A statement of matters and explanations of mitigation of the offense charged; or

C.

The executed appearance, waiver of hearing and plea of guilty appearing on the summons.

(Ord. 96-4 § 1 (part), 1996)

If a defendant has submitted to the court a written statement as provided in Sections 16.76.100.B or C, it constitutes a waiver of hearing and consent to judgment by the court declaring a forfeiture of all or any part of the bail as determined by the court on the basis of such statement and any testimony or written statement of complainant or other witness which may be presented to the court.

(Ord. 96-4 § 1 (part), 1996)

A.

If defendant requests a hearing, or, pursuant to Section 16.76.140.B, the court directs that a hearing be held, the court shall fix a date and time for hearing and, unless notice is waived, shall, at least five days in advance of the hearing, mail to the defendant a notice of the date and time so fixed. The notice shall set forth a warning that for failure to appear for the hearing, the defendant may be charged with a separate and additional offense of failure to appear in court pursuant to a court order, or a citation or summons, or at time set for trial of the case.

B.

Notice to the defendant required pursuant to this section shall be made in the form of a court "notice to appear" and be placed in the United States mail addressed to the defendant as his/her last known address with postage prepaid thereon.

C.

Failure of the defendant to make appearance as set forth in this section will constitute a failure to appear for hearing. If the defendant fails to appear when notified by the court to appear pursuant to this section, he/she may be charged with a separate and additional offense of failing to appear in court pursuant to a court order, or a citation or summons or at time set for trial of the case.

(Ord. 96-4 § 1 (part), 1996)

Upon a finding by the court that defendant did not make appearance as required pursuant to Section 16.76.120, without due and good cause, the defendant shall be guilty of failure to appear. The fine for conviction of failure shall be in addition to the fine and court costs of the violation for which he/she failed to appear and shall not be less than twice the amount of bail for such violation nor more than one thousand dollars be as required by the city's schedule of fees and penalties as approved through resolution of the city council.

(Ord. 96-4 § 1 (part), 1996)

A.

For any code violation for which uniform citation has been issued, the court may direct that a hearing be held. Otherwise, the court may enter the appropriate judgment, impose a fine, direct that the fine be paid out of the bail deposited by the defendant and return any amount by which the bail exceeds the fine.

B.

No fine may be imposed in excess of the amount of bail deposited by defendant, unless a hearing is held.

(Ord. 96-4 § 1 (part), 1996)

The use of the above citation procedures shall not be construed to prevent the filing of a complaint, in any other lawful form, alleging violation of this law.

(Ord. 96-4 § 1 (part), 1996)