The zoning official shall have the power and duty to enforce the provisions of this title.

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 273 § 10.010, 1998)

(Ord. No. 358, § 2, 7-13-2010)

The zoning official may permit in a particular zone a use not listed in this title, provided the use is of the same general type as the uses currently permitted by this title. This section does not authorize the inclusion in a zone, where it is not listed, of a use specifically listed in another zone. The decision of the zoning official may be appealed to the planning commission as outlined in Section 17.64.050 of this chapter. A decision of the planning commission may be appealed to the city council as outlined in Section 17.64.050 of this chapter.

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 273 § 10.020, 1998)

(Ord. No. 358, § 2, 7-13-2010)

A.

The zoning official shall be the final decision authority for the following administrative decisions under this title, unless the decision is appealed to the planning commission as outlined in Section 17.64.050 of this chapter:

1.

Building permit and/or development permit for uses permitted outright, unless a site plan review is required. Prior to issuance of a building permit, plans for new buildings or additions over five hundred (500) square feet will be reviewed for compliance with city public works standards and specifications by the public works supervisor and/or building commissioner.

2.

Permit for the use of a recreational vehicle during construction of a new home. [Section 17.44.020(G)]

3.

Home occupation permit. [Section 17.44.130]

4.

Building permit for the replacement of a nonconforming use if destroyed. Prior to issuance of a building permit, plans for replacement buildings or structures over five hundred (500) square feet will be reviewed for compliance with city public works standards and specifications by the public works supervisor and/or building commissioner. [Section 17.48.060]

5.

Code interpretation. [Sections 17.64.010 and 17.64.020]

6.

Sign permit, except as required in Section 17.68.030(G) of this title.

The zoning official will provide a monthly report to the planning commission and city council with a list of the permits issued during the preceding month.

B.

The planning commission shall be the decision authority for the following decisions under this title:

1.

Site plan review.

2.

Special planned development (SPD) zone site development plan.

3.

Historic structure alteration or demolition permit.

4.

Recreational vehicle use for a park host in the public zone.

5.

Residential community plan.

6.

Land use action adjacent to the North Santiam River.

7.

Conditional use permit.

8.

Variance.

Notice of the planning commission decision to approve or deny an application shall be sent to the city council and reviewed under the procedures outlined in this subsection (C) of this section.

A decision of the planning commission may be appealed to the city council as outlined in Section 17.64.050 of this chapter.

C.

Notice of planning commission decision to approve or deny application under this chapter shall be sent to the city council. Within twenty-one (21) days of the date of the planning commission decision the city council will review the decision and determine the need for further public hearings.

If no further hearings are necessary or if the action is not appealed under the provision outlined in Section 17.64.050 of this chapter, the decision of the planning commission will remain and become effective immediately. A request for a public hearing by the city council shall follow the procedures outlined in Section 17.64.080 of this chapter.

D.

The city council shall be the final decision authority for the following decisions under ORS 222 (Annexations), Chapter 2.44 (Comprehensive Plan) of Titles 2 and 17.

1.

Annexation.

2.

Comprehensive plan amendment.

3.

Zoning code amendment.

4.

Land use regulation.

(Ord. No. 358, § 2, 7-13-2010; Ord. No. 387, § 1, 5-10-2016)

A.

Basis for Decision. Approval or denial of an application shall be based on standards and criteria in this chapter and when appropriate, to the comprehensive plan for the city.

B.

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.

C.

Form of Decision. For decisions listed under Section 17.64.025(B) and (C) of this chapter, the decision authority shall issue a final written order containing the findings and conclusions which either approves, denies, or approves with specific conditions. The decision authority may also issue appropriate intermediate rulings when more than one permit or decision is required.

D.

Decision-Making Time Limits. A final order shall be filed with the city recorder or designee within ten (10) business days after the close of the deliberation.

E.

Notice of Decision. Written notice of a decision shall be mailed to the applicant and to all participants of record within ten (10) business days after the hearings body decision. A copy of the planning commission's notices of decision will also be provided to the city council in accordance with Section 17.64.025(C) of this chapter. Failure of any person to receive mailed notice shall not invalidate the decision, provided that a good faith attempt was made to mail the notice.

F.

Final Decision and Effective Date. For decisions listed under Section 17.64.025(B) and (C) of this chapter, the effective date of the decision will be:

1.

Decisions Reviewed and Ratified by the City Council. If the city council reviews a planning commission decision and concludes no further hearings are necessary and the decision is not appealed to the city council, the decision of the planning commission will be effective on the date on the date of the council ratification or at the close of the appeal period, whichever is later. The city recorder or designee will provide the applicant a written notice indicating the date the decision is final.

2.

Decisions Reviewed by the City Council and Called Up for Public Hearing. If the city council reviews a planning commission decision and calls for a public hearing, the planning commission decision will be held in abeyance. The city shall follow the public hearing notice and procedures outlined in Section 17.64.080 of this chapter. The city council will hold a public hearing, deliberate on the issue and make a decision to approve or deny the application. The decision is effective twenty-one (21) days after a notice of decision is mailed by the city, unless a notice of appeal has been filed with the state land use board of appeals.

3.

Appeals. The decision of the hearings body on any appeal or application is final for purposes of appeal on the date a notice of decision is mailed by the city. The decision is effective on the day after the appeal period expires. If an appeal is filed, the decision becomes effective on the day after the appeal is decided by the city council. The notification and hearings procedures for applications on appeal to the city council shall be the same as for the initial hearing. An appeal of a land use decision to the state land use board of appeals must be filed within twenty-one (21) days of the city council's written decision.

G.

Final Decision for Annexations, Comprehensive Plan and Legislative Amendments. An annexation, an amendment to the comprehensive plan, a zoning code amendment and a land use regulation 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.

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 273 § 10.030, 1998)

(Ord. No. 358, § 2, 7-13-2010; Ord. No. 369, § 10, 8-13-2013; Ord. No. 387, § 2, 5-10-2016)

A.

Except as provided in subsection (B) of this section, decisions on land use actions which involve more than one application shall be handled under a consolidated review procedure in which:

1.

All applications shall be decided using one proceeding;

2.

If any of the applications require city council action, the council shall take final action on all of the applications.

B.

Plan map amendments are not subject to the one hundred twenty-day decision making period prescribed by state law; therefore, the city shall not be required to consolidate a plan map amendment and a zone change or other permit applications requested unless the applicant requests the proceedings be consolidated and signs a waiver of the one hundred twenty-day time limit.

C.

If the proceedings are consolidated:

1.

The notice of public hearing shall identify each action to be taken;

2.

The decision on a plan map amendment shall precede the decision on the proposed zone change and other actions;

3.

Separate action shall be taken on each application.

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 273 § 10.035, 1998)

(Ord. No. 358, § 2, 7-13-2010)

A.

An appeal from a ruling of the zoning official regarding a requirement of this title may be made to the planning commission. Any action or ruling of the zoning official shall become final fifteen (15) days after approval or disapproval is given unless the decision is appealed to the planning commission. Written notice of the appeal shall be filed with the zoning official. If the appeal is filed, the planning commission shall receive a report and recommendation thereon from the zoning official and shall hold a public hearing on the appeal as outlined in Sections 17.64.080 and 17.64.090 of this chapter.

B.

An action or ruling of the planning commission pursuant to this title may be appealed to the city council within fifteen (15) days after the planning commission has rendered its decision. If the appeal is not filed within the fifteen-day period, the decision of the planning commission shall be final. Written notice of the appeal shall be filed with the zoning official. If the appeal is filed, the city council shall receive a report and recommendation thereon from the planning commission and shall hold a public hearing on the appeal as outlined in Sections 17.64.080 and 17.64.090 of this chapter.

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 273 § 10.040, 1998)

(Ord. No. 358, § 2, 7-13-2010)

A.

Petitions, applications and appeals provided for in this title shall be made on forms prescribed by the city.

B.

Applications shall be accompanied by plans and specifications, drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sites and locations on the lot of all existing and proposed structures; the intended use of each structure; the number of families, if any, to be accommodated thereon; the relationship of the property to the surrounding area; and such other information as is needed to determine conformance with this title.

C.

If an application for a permit or zone change is incomplete, the city shall notify the applicant of exactly what information is missing within five days of the time of submittal, and the applicant shall have thirty (30) days to submit the missing information. The application shall be deemed complete when the missing information is received and accepted by the city.

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 273 § 10.050, 1998)

(Ord. No. 358, § 2, 7-13-2010)

A.

Application and Filing Fees. The city council shall, by resolution, determine application filings fee schedules for those land use actions which require a fee. The initial fee shall be paid upon filing the application and shall not be refundable.

B.

Deposit for Additional Services. In addition, each applicant may be required to pay an additional deposit to cover potential costs the city may incur in processing the application including assistance on the case involving time provided by the city planner, the city engineer, and city attorney; and time of city staff related to pre-hearing, hearing, and post hearing activities. The additional deposit shall be paid to the city at the time of application. If the deposit is more than required to cover the city's costs, then the difference shall be refunded to the applicant within thirty (30) days of the issuance of a notice of decision. If the deposit is insufficient to cover all of the costs incurred by the city in processing the application, then the city may require the applicant to provide an additional deposit to cover the estimated costs of processing the application or bill the applicant for additional costs incurred by the city. If at the time of the issuance of a notice of decision, the deposit does not provide sufficient funds to cover the actual costs incurred by the city in processing the application, then the city may bill the applicant for the additional costs within thirty (30) days of the issuance of a written notice of decision.

C.

The city may withhold the issuance of building permits or connection to city utilities until all fees due to the city are paid in full.

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 273 § 10.060, 1998)

(Ord. No. 358, § 2, 7-13-2010; Ord. No. 369, § 11, 8-13-2013)

A.

Notices of public hearing shall be provided to the applicant, affected property owners, agencies and interested parties as required by this chapter.

B.

A notice of hearing for a land use action specified by this title shall be provided or mailed to the applicant and to all owners of property located a specified distance from the exterior boundaries of the property for which the land use action is requested, in accordance with the following:

C.

For the purpose of providing or mailing notices of public hearings, the city shall use the list of property owners from the most recent property assessment tax roll of the county where the property is located.

D.

The notice of hearing shall be provided or mailed at least twenty (20) days before the evidentiary hearing; or if two or more evidentiary hearings are allowed, at least ten (10) days before the first evidentiary hearing.

E.

For each public hearing, the city shall prepare an affidavit of notice which certifies that the notice of hearing was provided or mailed as required by this title. The list of owners together with their addresses shall be attached to the affidavit. The affidavit shall be retained with the permanent record of the hearing.

F.

Failure of a person to receive notice of a public hearing shall not invalidate such proceeding if the city can demonstrate by affidavit that such notice was given.

G.

The notice provisions of this chapter shall not restrict the giving of notice by other means, including mail, the posting of property, publication in a newspaper, radio, television, posting on the city's website or electronic communication.

H.

Notice of an application to amend the comprehensive plan or a land use regulation shall be transmitted to the department of land conservation and development.

I.

Notice shall also be provided to affected special or school districts, federal, state, county, and regional agencies, any neighborhood or community organization recognized by the city council as having an interest in land use or community development issues as they pertain to a particular neighborhood or to a community of interest within the city.

1.

Such agency notice shall be transmitted a minimum of twenty-one (21) days prior to the date of public hearing to allow affected agencies and departments sufficient time to comment on the proposed amendment.

2.

All agency and department comments received by the city shall be made a part of the hearing record and shall be considered during the public hearing.

3.

Failure of an affected agency or department to receive notice of public hearing on a proposed amendment to the comprehensive plan shall not invalidate a recommendation by the commission or a final decision by the council.

J.

If there is a conflict between the notice provisions of this section and the notice provisions as required by state law, notice shall be given as required by state law.

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 344 § 2, 2007: Ord. 293 § 1, 2002: Ord. 280 § 4, 2000: Ord. 273 § 10.070, 1998)

(Ord. No. 358, § 2, 7-13-2010; Ord. No. 363, § 2, 4-24-2012; Ord. No. 369, § 12, 8-13-2013)

A.

The notice of public hearing provided or mailed to the applicant and to owners of property entitled to receive notice shall:

1.

Explain the nature of the hearing and the proposed use or uses which could be authorized;

2.

List the applicable criteria from this title and the comprehensive plan that apply to the application;

3.

Set forth the street address or other geographical reference to the subject property;

4.

State the date, time, and location of the hearing;

5.

State that failure of an issue to be raised in a hearing, either in person or by letter, or failure to provide statements or evidence sufficient to afford the decision making body an opportunity to respond to the issue precludes an appeal to the state land use board of appeals based on that issue;

6.

Include the name and telephone number of the city staff person who can provide additional information;

7.

State that the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at city hall at no cost, and a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing, and that these materials will be provided at a reasonable cost;

8.

Include an explanation of the requirements for submission of testimony and the procedure for conduct of the hearing.

B.

At the commencement of a public hearing, a statement shall be made to those in attendance that:

1.

Lists the applicable criteria;

2.

States that testimony, arguments and evidence must be directed toward the criteria which applies to the decision or other criteria in the plan or land use regulation which the person testifying believes to apply to the decision; and

3.

States that failure to raise an issue accompanied by arguments, statements or evidence sufficient to afford the decision maker and the parties involved in the case an opportunity to respond to the issue precludes appeal to the state land use board of appeals based on that issue.

C.

All documents or evidence relied upon by the applicant shall be submitted to the city and be made available to the public at the time the mailed notice of the public hearing is provided.

D.

Any staff report used at the hearing shall be available at least seven days prior to the hearing. If additional documents or evidence is provided in support of the application, any party shall be entitled to a continuance of the hearing. Such a continuance shall not be subject to the one hundred twenty-day time limit as specified in Section 17.64.100 of this chapter.

E.

Unless there is a continuance, if a participant so requests before the conclusion of the initial evidentiary hearing, the record shall remain open for at least seven days after the hearing. Such an extension shall not be subject to the one hundred twenty-day time limit as specified in Section 17.64.100 of this chapter.

F.

When the record is reopened 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.

G.

An issue which may be the basis for an appeal to the state land use board of appeals shall be raised not later than the close of the record at or following the final evidentiary hearing on the proposal before the city. Such issues shall be raised with sufficient specificity so as to afford the city council or planning commission and the parties an adequate opportunity to respond to each issue.

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 344 § 3, 2007: Ord. 273 § 10.071, 1998)

(Ord. No. 358, § 2, 7-13-2010; Ord. No. 369, § 13, 8-13-2013)

The city shall make a final decision on all land use actions authorized by this title within one hundred twenty (120) days after the application is deemed complete, unless the applicant requests or consents to additional time. The one hundred twenty-day period may be extended for a specified period of time at the written request of the applicant. The total of all extensions, except as provided for mediation, may not exceed two hundred forty-five (245) days. The one hundred twenty-day time period applies only to decisions wholly within the authority and control of the city council and does not apply to an amendment to the comprehensive plan, an amendment to an acknowledged land use regulation, or adoption of a new land use regulation that was forwarded to the department of land conservation and development under ORS 197.610 or to an exception to this requirement as specified in Sections 17.64.090(D) and (E) of this chapter.

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 273 § 10.080, 1998)

(Ord. No. 363, § 3, 4-24-2012)

Where a provision of this title is less restrictive than a provision of another ordinance or requirement of the city, the provision or requirement which is more restrictive shall govern.

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 273 § 10.090, 1998)

A person violating a provision of this title shall, upon conviction, be punished by a fine of not more than five hundred dollars ($500.00) for such offense. A violation of this title shall be considered a separate offense for each day the violation occurs.

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 273 § 10.100, 1998)

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

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 273 § 10.110, 1998)

A.

Within ten (10) days after determining that a violation of this title exists, the zoning official shall notify the property owner of such violation.

B.

Where the violation does not involve a structure, action to rectify such shall be made within thirty (30) days. Where the violation involves a structure, action to rectify shall be made within sixty (60) days.

C.

If no action has been taken to rectify the violation within the specified time, the zoning official shall notify the city council of such.

D.

The city council shall set the date for a hearing with the person violating this title and with the zoning official to consider whether subsequent legal action should be taken to rectify the violation. If necessary, legal action shall be taken as required to insure compliance with this title.

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 273 § 10.120, 1998)

A.

Unless specifically exempted or modified by another section of this title, improvements to be installed within any public right-of-way, public utility easement, or as a part of the construction or development of a use authorized by this title, whether as a use permitted outright, a conditional use, or a use subject to site plan review, shall comply with the city public works design standards which have been authorized through adoption of Ordinance No. 276, and adopted by Resolutions No. 518 and 519, or any subsequent amendment or readoption of the ordinance or resolutions.

B.

The city may require an applicant to enter into a development agreement with the city regarding the public improvements to be installed by the applicant as part of an approved development. The agreement may require the applicant to provide a performance guarantee or security, insurance certificates and indemnification, warranty bond and a financial deposit to cover the estimated costs for engineering review of plans, city inspection services and administrative and legal costs related to the project.

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 283 § 8, 2001: Ord. 273 § 10.200, 1998)

(Ord. No. 369, § 14, 8-13-2013)