Philomath City Zoning Code
Division 4
APPLICATIONS AND REVIEW PROCEDURES
§ 18.100.010 Introduction.
Division 4 provides all of the application requirements and procedures for obtaining permits required by this title. Please refer to Table 18.105.020 in Chapter 18.105 PMC for a key to determining which land use permits and procedures are required, and the decision-making body for a particular type of permit application.
(Ord. 720 § 7[4.0.1], 2003)
§ 18.105.010 Purpose.
The purpose of this chapter is to establish standard decision-making procedures that will enable the city, the applicant, and the public to reasonably review applications and participate in the local decision-making process in a timely and effective way.
(Ord. 720 § 7[4.1.1], 2003)
§ 18.105.020 Description of permit/decision-making procedures.
All land use and development permit applications, except building permits, shall be decided by using the procedures contained in this chapter. General procedures for all permits are contained in PMC § 18.105.070. Specific procedures for certain types of permits are contained in PMC § 18.105.020 through 18.105.060. The procedure type assigned to each permit governs the decision-making process for that permit. There are four types of permit/decision-making procedures: Type I, II, III, and IV. These procedures are described in subsections (A) through (D) of this section. In addition, Table 18.105.020 lists all of the city's land use and development applications and their required permit procedure(s).
A.
Type I Procedure (Ministerial). Type I decisions are made by the planning official, or someone he or she officially designates, without public notice and without a public hearing. The Type I procedure is used when there are clear and objective approval criteria, and applying city standards and criteria requires no use of discretion;
B.
Type II Procedure (Administrative). Type II decisions are made by the planning official with public notice and an opportunity for a public hearing. The appeal of a Type II decision is heard by the planning commission;
C.
Type III Procedure (Quasi-Judicial). Type III decisions are made by the planning commission after a public hearing, with appeals reviewed by the city council. Type III decisions generally use discretionary approval criteria; and
D.
Type IV Procedure (Legislative). Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy (e.g., adoption of land use regulations, zone changes, and comprehensive plan amendments that apply to entire districts). Type IV matters are considered initially by the planning commission with final decisions made by the city council.
Table 18.105.020 Summary of Development Decisions/Permit by Type of Decision-Making Procedure* | ||
|---|---|---|
Access Permit (Public Street) | Type I | |
Annexation | Type IV | Comprehensive plan and city/county intergovernmental agreement(s) |
Building Permit | N/A | Building code |
Code Interpretation | Type II | Chapter 18.140 PMC |
Code Amendment | Type IV | Chapter 18.135 PMC |
Comprehensive Plan Amendment | Type IV | Comprehensive plan |
Conditional Use Permit | Type III | Chapter 18.120 PMC |
Floodplain Permit | Type I | Building code (requires sensitive land development permit first) |
Home Occupation Permit | Type I | Chapter 18.145 PMC |
Master Planned Development | Type III | Chapter 18.125 PMC |
Modification to Approval | Type II/III | Chapter 18.130 PMC |
Land Use District Map Change | Type IV | Chapter 18.135 PMC |
Lot Line Adjustment | Type I | Chapter 18.115 PMC |
Nonconforming Use | Type II | Chapter 18.160 PMC |
Partition | Type II | Chapter 18.115 PMC |
Sensitive Lands Permit | Type III | Chapter 18.85 PMC |
Sign Permit | Type I | Chapter 18.95 PMC |
Development Review | Type I | Chapter 18.110 PMC, building code |
Site Design Review | ||
Type II | Type II | Chapter 18.110 PMC |
Type III | Type III | Chapter 18.110 PMC |
Subdivision | Type II/III | Chapter 18.115 PMC |
Temporary Use Permit | Type II/III | Chapter 18.145 PMC |
Tree Removal | Type I/II | Chapter 18.70 PMC (may require sensitive land development permit first) |
Variance | ||
Class A | Type I | Chapter 18.155 PMC |
Class B | Type II | Chapter 18.155 PMC |
Class C | Type III | Chapter 18.155 PMC |
*Note: The chapters referenced above in the right-hand column describe the types of land uses and development activity that require permits under each type of decision-making procedure. |
(Ord. 720 § 7[4.1.2], 2003; Ord. 875 § 1 (Exh. A), 2023)
§ 18.105.025 Exclusions from permits.
The following activities are permitted in each land use district but are excluded from the requirement of obtaining a land use permit. Exclusion from the permit requirement does not exempt the activity from otherwise complying with applicable standards, conditions, and other provisions of the Philomath development code.
A.
Operation, maintenance, and repair of existing transportation facilities identified in the transportation system plan;
B.
Dedication of right-of-way, authorization of construction, and the construction of transportation facilities and improvements, where the improvements are planned improvements identified in the transportation system plan or are otherwise consistent with clear and objective dimensional standards;
C.
Changes in transit services.
(Ord. 832 § 20, 2018)
§ 18.105.030 Type I procedure (ministerial).
A.
Application Requirements.
1.
Application Forms. Type I applications shall be made on forms provided by the city.
B.
Administrative Decision Requirements. The planning official's decision shall address all of the approval criteria. Based on the criteria and the facts contained within the record, the planning official shall approve, approve with conditions, or deny the requested permit or action. A written record of the decision shall be provided to the applicant and kept on file at City Hall.
C.
Final Decision. The decision shall be final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The decision is the final decision of the city. It cannot be appealed to city officials.
D.
Effective Date. The decision is effective the day after it is final.
(Ord. 720 § 7[4.1.3], 2003)
§ 18.105.040 Type II procedure (administrative; code interpretation, modification to approval, partition, Type II site design review, final subdivision plat review, temporary use, tree removal, Class B variance).
A.
Preapplication Conference. A preapplication conference is required for Type II applications. Preapplication conference requirements and procedures are in PMC § 18.105.070.
B.
Application Requirements.
1.
Application Forms. Type II applications shall be made on forms provided by the city.
2.
Submittal Information. The application shall:
a.
Include the information requested on the application form;
b.
Be filed with a narrative statement that explains how the application satisfies each and all of the relevant criteria and standards in sufficient detail for review and decision-making;
c.
Be accompanied by the required fee; and
d.
Include an impact study for all land division applications. The impact study shall quantify/assess the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system (pursuant to traffic impact study requirements in PMC § 18.80.020(V)), including pedestrian ways and bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet city standards and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where this title requires the dedication of real property to the city, the applicant shall either specifically agree to the dedication requirement, or provide evidence that shows that the real property dedication requirement is not roughly proportional to the projected impacts of the development.
C.
Notice of Application for Type II Administrative Decision.
1.
Before making a Type II administrative decision, the planning official shall mail notice to:
a.
All owners of record of real property within 250 feet of the subject site;
b.
All city-recognized neighborhood groups or associations whose boundaries include the site;
c.
Any person who submits a written request to receive a notice; and
d.
Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the city. The city may notify other affected agencies, as appropriate, for review of the application.
2.
Notice and application shall be posted to the city website.
3.
A sign shall be posted on the property directing the public to the city website and City Hall for additional information and opportunities to provide comment at least 14 calendar days prior to the decision date.
D.
Administrative Decision Requirements. The planning official shall make Type II written decisions addressing all of the relevant approval criteria and standards. Based upon the criteria and standards, and the facts contained within the record, the planning official shall approve, approve with conditions, or deny the requested permit or action.
E.
Notice of Decision.
1.
Within five days after the planning official signs the decision, a notice of decision shall be posted on the property and sent by mail to:
a.
Any person who submits a written request to receive notice, or provides comments during the application review period;
b.
The applicant and all owners or contract purchasers of record of the site which is the subject of the application;
c.
Any city-recognized neighborhood group or association whose boundaries include the site;
d.
Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the city, and other agencies that were notified or provided comments during the application review period.
2.
The planning official shall cause an affidavit of mailing and posting of the notice to be prepared and made a part of the file. The affidavit shall show the date the notice was mailed and posted, and shall demonstrate that the notice was mailed to the people and within the time required by law.
3.
The Type II notice of decision shall contain:
a.
A description of the applicant's proposal and the city's decision on the proposal (i.e., may be a summary);
b.
The address or other geographic description of the property proposed for development, including a map of the property in relation to the surrounding area, where applicable;
c.
A statement of where the city's decision can be obtained;
d.
The date the decision shall become final, unless appealed;
e.
A statement that all persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision may appeal the decision;
f.
A statement briefly explaining how an appeal can be filed, the deadline for filing an appeal, and where further information can be obtained concerning the appeal process; and
g.
A statement that unless appellant (the person who files the appeal) is the applicant, the hearing on the appeal shall be limited to the specific issues identified in the written comments submitted during the comment period. Additional evidence related to the notice of appeal (see subsection (G)(2)(a) of this section) may be submitted by any person during the appeal hearing, subject to any rules of procedure adopted by the planning commission.
F.
Final Decision and Effective Date. A Type II administrative decision is final for purposes of appeal when it is mailed by the city. A Type II administrative decision is effective on the day after the appeal period expires. If an appeal is filed, the decision is effective when the appeal is decided.
G.
Appeals. A Type II administrative decision may be appealed to the planning commission as follows:
2.
Appeal Procedure.
a.
Any person with standing to appeal, as provided in subsection (G)(1) of this section, may appeal a Type II administrative decision by filing a notice of appeal according to the following procedures:
i.
A notice of appeal shall be filed with the planning official within 14 days of the date the notice of decision was mailed;
ii.
The notice of appeal shall contain:
(A)
An identification of the decision being appealed, including the date of the decision;
(B)
A statement demonstrating the person filing the notice of appeal has standing to appeal;
(C)
A statement explaining the specific issues raised on appeal;
(D)
If the appellant is not the applicant, a statement demonstrating that the appeal issues were raised during the comment period; and
(E)
Filing fee.
3.
The city shall establish the amount of the filing fee. The maximum fee for an initial hearing shall be the city's cost for preparing and for conducting the hearing, or the statutory maximum, whichever is less.
a.
The appeal of a Type II administrative decision by a person with standing shall be limited to the specific issues raised during the written comment period, as provided under subsection (C) of this section, unless the planning commission allows additional evidence or testimony concerning any other relevant issue. The planning commission may allow such additional evidence if it determines that such evidence is necessary to resolve the case. The purpose of this requirement is to limit the scope of Type II administrative appeals by encouraging persons with standing to submit their specific concerns in writing during the comment period. The written comments received during the comment period will usually limit the scope of issues on appeal. Only in extraordinary circumstances should new issues be considered by the planning commission on appeal of a Type II administrative decision.
b.
Type III notice and hearing procedures shall be used for all Type II administrative appeals, as provided in PMC § 18.105.050(C) through (G).
H.
Appeal to City Council. The decision of the planning commission regarding an appeal of a Type II administrative decision is the final decision of the city unless appealed to city council. An appeal to city council shall follow the same notification and hearing procedures as for the planning commission appeal.
(Ord. 720 § 7[4.1.4], 2003; Ord. 832 § 21, 2018; Ord. 875 § 1 (Exh. A), 2023)
§ 18.105.050 Type III procedure (quasi-judicial; conditional use, master planned development, modification of approval, sensitive lands, Type III site design review, subdivision, temporary use, class c variance).
A.
Preapplication Conference. A preapplication conference is required for all Type III applications. The requirements and procedures for a preapplication conference are described in PMC § 18.105.070(C).
B.
Application Requirements.
1.
Application Forms. Type III applications shall be made on forms provided by the city;
2.
Content. Type III applications shall:
a.
Include the information requested on the application form;
b.
Include a letter or narrative statement that explains how the application satisfies each and all of the relevant criteria and standards in sufficient detail for review and action;
c.
Be accompanied by the required fee; and
d.
Include an impact study for all Type III applications and a traffic impact study for land use actions pursuant to PMC § 18.80.020(V). The impact study shall quantify/assess the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including pedestrian ways and bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet city standards and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where this title requires the dedication of real property to the city, the applicant shall either specifically agree to the dedication requirement, or provide evidence that shows that the real property dedication requirement is not roughly proportional to the projected impacts of the development.
C.
Required Hearings. A minimum of one hearing before the planning commission is required for all Type III applications, except as required in PMC § 18.105.070(D)(2), Consolidated Proceedings.
D.
Notice of Hearing.
1.
Notice Provided. Notice of a Type III application hearing or Type II appeal hearing shall be given by the planning official in the following manner:
a.
Mailed. At least 14 calendar days before the hearing date, notice shall be mailed per subsection (D)(3) of this section to:
i.
The applicant and all owners or contract purchasers of record of the property which is the subject of the application;
ii.
All property owners of record within 250 feet of the site;
iii.
Any governmental agency that has entered into an intergovernmental agreement with the city which includes provision for such notice, or who is otherwise entitled to such notice;
iv.
Any neighborhood or community organization recognized by the city council and whose boundaries include the property proposed for development;
v.
Any person who submits a written request to receive notice;
vi.
For appeals, the appellant and all persons who provided testimony; and
b.
Posted Sign on Property. At least 14 calendar days before the hearing, the city shall post a sign giving notice of the hearing on the property at each access point and at least every 250 feet along the public right-of-way. The sign shall direct the public to the city website and City Hall for additional information and opportunities to provide comment.
c.
Posted on City Website. At least 14 calendar days before the hearing, notice shall be posted of the hearing on the official city website per subsection (D)(3) of this section.
2.
Affidavit of Notice. The planning official shall:
a.
For each mailing of notice, file an affidavit of mailing in the record as provided by subsection (D)(1)(a) of this section; and
b.
For each posted notice, file an affidavit of posting in the record as provided by subsection (D)(1)(b) of this section; and
c.
For each notice posted on the city's website, file in the record an affidavit of posting as provided by subsection (D)(1)(c) of this section
3.
Content of Notice. Notice of appeal of a Type II administrative decision or a Type III hearing to be mailed or posted per subsection (D)(1) of this section shall contain the following information:
a.
The number and title of the file containing the application;
b.
A description of the location of the proposal including street address reasonably calculated to give notice of the location of the geographic area;
c.
A description of the proposal in enough detail for people to determine that a change is proposed;
d.
The date, time, and location of the public hearing;
e.
The applicable criteria and standards from the development code(s) that apply to the application;
f.
A statement that the failure to raise an issue in person, or by letter at the hearing, or failure to provide statements or evidence sufficient to afford the decision-maker an opportunity to respond to the issue means that an appeal based on that issue cannot be filed with the state Land Use Board of Appeals;
g.
The name of a city representative to contact and the telephone number where additional information on the application may be obtained;
h.
A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and the applicable criteria and standards can be reviewed at City Hall at no cost and that copies shall be provided at a reasonable cost;
i.
A statement that a copy of the city's staff report and recommendation to the planning commission shall be posted on the official city website and available for review at no cost at least seven calendar days before the hearing, and that a copy shall be provided on request at a reasonable cost;
j.
A general explanation of the requirements to submit testimony and the procedure for conducting public hearings; and
k.
The following notice: "Notice to mortgagee, lienholder, vendor, or seller: The City of Philomath development code requires that if you receive this notice it shall be promptly forwarded to the purchaser."
E.
Hearing Process and Procedure.
1.
Unless otherwise provided in the rules of procedure adopted by the city council:
2.
Unless otherwise provided in the rules of procedures adopted by the council, the presiding officer of the commission shall conduct the hearing as follows:
a.
The presiding officer shall begin the hearing with a statement of the nature of the matter before the body, a general summary of the procedures, a summary of the standards for decision-making, and that the decision will be the final decision of the commission, appealable to the city council;
b.
The staff report shall be presented;
c.
The public shall be invited to testify;
d.
The public hearing may be continued to allow additional testimony or it may be closed; and
e.
The body's deliberation may include questions to the staff, comments from the staff, and inquiries directed to any person present.
3.
At the commencement of the hearing, the planning commission shall state to those in attendance that:
a.
The applicable approval criteria and standards that apply to the application or appeal;
b.
A statement that testimony and evidence shall concern the approval criteria described in the staff report, or other criteria in the comprehensive plan or land use regulations which the person testifying believes to apply to the decision;
c.
A statement that failure to raise an issue with sufficient detail to give the planning commission and the parties an opportunity to respond to the issue means that no appeal may be made to the State Land Use Board of Appeals on that issue; and
d.
Before the conclusion of the initial evidentiary hearing, any participant may ask the planning commission for an opportunity to present additional relevant evidence or testimony that is within the scope of the hearing. The planning commission shall grant the request by scheduling a date to finish the hearing (a continuance) per subsection (E)(4) of this section, or by leaving the record open for additional written evidence or testimony per subsection (E)(5) of this section.
4.
Continuation of the Public Hearing. The planning commission may continue any hearing, and no additional notice of hearing shall be required if the matter is continued to a specified place, date, and time.
If the planning commission grants a continuance, the completion of the hearing shall be continued to a date, time, and place at least seven days after the date of the first evidentiary hearing. An opportunity shall be provided at the second hearing for persons to present and respond to new written evidence and oral testimony. If new written evidence is submitted at the second hearing, any person may request, before the conclusion of the second hearing, that the record be left open for at least seven days, so that they can submit additional written evidence or testimony in response to the new written evidence.
5.
Record Open. If the planning commission leaves the record open for additional written evidence or testimony, the record shall be left open for at least seven days after the hearing. Any participant may ask the city in writing for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed, the planning commission shall reopen the record to allow any person to raise new issues which relate to the new evidence, arguments, testimony or criteria for decision-making which apply to the matter at issue;
a.
When the planning commission or hearings officer reopens the record to admit new evidence or testimony, any person may raise new issues which relate to that new evidence or testimony;
b.
An extension of the hearing or record granted pursuant to subsection (E)(4) of this section is subject to the limitations of ORS 227.178 (120-day rule), unless the continuance or extension is requested or agreed to by the applicant;
c.
If requested by the applicant, the city shall allow the applicant at least seven days after the record is closed to all other persons to submit final written arguments in support of the application, unless the applicant expressly waives this right. The applicant's final submittal shall be part of the record but shall not include any new evidence.
6.
The Record.
a.
A verbatim record of the proceeding shall be made by stenographic, mechanical, or electronic means. It is not necessary to transcribe an electronic record. The minutes and other evidence presented as a part of the hearing shall be part of the record.
b.
All exhibits received and displayed shall be marked to provide identification and shall be part of the record.
c.
The official record shall include:
i.
All materials considered by the planning commission;
ii.
All materials submitted by the planning official to the planning commission regarding the application;
iii.
The verbatim record made by the stenographic, mechanical, or electronic means; the minutes of the hearing; and other documents considered;
iv.
All correspondence; and
v.
A copy of the notices that were given as required by this chapter.
d.
The planning commission may take official notice of judicially cognizable facts under the applicable law. If the review authority takes official notice, it must announce its intention and allow persons participating in the hearing to present evidence concerning the noticed facts;
e.
The review authority shall retain custody of the record until the city issues a final decision.
7.
Conflict of Interest. Participants in the appeal of a Type II administrative decision or a Type III hearing are entitled to an impartial review authority as free from potential conflicts of interest and prehearing ex parte contacts (see subsection (E)(8) of this section) as reasonably possible. However, the public has a countervailing right of free access to public officials. Therefore:
a.
A member of the planning commission shall not participate in any proceeding in which they or any of the following has a direct or substantial financial interest: Their spouse, brother, sister, child, parent, father-in-law, mother-in-law, partner, any business in which they are then serving or have served within the previous two years, or any business with which they are negotiating for or have an arrangement or understanding concerning prospective partnership or employment. Any actual or potential interest shall be disclosed at the hearing where the action is being taken;
b.
Disqualification of a member of the planning commission due to contacts may be ordered by a majority of the members present and voting. The person who is the subject of the motion may not vote on the motion to disqualify;
c.
If all members abstain or are disqualified, those members present who declare their reasons for abstention or disqualification shall be requalified to make a decision;
d.
If a member of the planning commission abstains or is disqualified, the city shall provide a substitute in a timely manner subject to the impartiality rules of this section;
e.
Any member of the public may raise conflict of interest issues prior to or during the hearing, to which the members of the planning commission shall reply in accordance with this section.
8.
Ex Parte Communications.
a.
Members of the planning commission shall not:
i.
Communicate, directly or indirectly, with any applicant, appellant, other party to the proceedings, or representative of a party about any issue involved in a hearing, except upon giving notice as provided in this section; or
ii.
Take official notice of any communication, report, or other materials outside the record prepared by the proponents or opponents in connection with the particular case, unless all participants are given the opportunity to respond to the noticed materials;
b.
At the beginning of the public hearing, planning commission members shall disclose the substance of any prehearing ex parte contacts concerning the application or appeal. He or she shall state whether the contact has impaired their impartiality or their ability to vote on the matter and shall participate or abstain accordingly;
c.
No decision or action of the planning commission shall be invalid due to ex parte contacts or bias resulting from ex parte contacts, if the person receiving contact:
i.
Places in the record the substance of any written or oral ex parte communications concerning the decision or action; and
ii.
Makes a public announcement of the content of the communication and of all participants' right to dispute the substance of the communication made. This announcement shall be made at the first hearing following the communication during which action shall be considered or taken on the subject of the communication;
d.
Disqualification of a member of the planning commission due to 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 on the motion to disqualify;
e.
A communication between city staff and the planning commission is not considered an ex parte contact.
9.
Presenting and Receiving Evidence.
a.
The planning commission may set reasonable time limits for oral presentations and may limit or exclude cumulative, repetitious, irrelevant or personally derogatory testimony or evidence;
b.
No oral testimony shall be accepted after the close of the public hearing. Written testimony may be received after the close of the public hearing, only as provided in subsection (E)(5) of this section;
c.
Members of the planning commission may visit the property and the surrounding area, and may use information obtained during the site visit to support their decision, if the information relied upon is disclosed at the hearing and an opportunity is provided to dispute the evidence. In the alternative, a member of the planning commission may visit the property to familiarize him or herself with the site and surrounding area, but not to independently gather evidence. In the second situation, at the beginning of the hearing, he or she shall disclose the circumstances of the site visit and shall allow all participants to ask about the site visit.
F.
Approval Process and Authority.
1.
Basis for Decision. Approval or denial of an appeal of a Type II administrative decision or a Type III application shall be based on standards and criteria in the development code. The standards and criteria shall relate approval or denial of a discretionary development permit application to the development regulations and, when appropriate, to the comprehensive plan for the area in which the development would occur and to the development regulations and comprehensive plan for the city as a whole.
2.
Findings and Conclusions. Approval or denial shall be based upon the criteria and standards considered relevant to the decision. The written decision shall explain the relevant criteria and standards, state the facts relied upon in rendering the decision, and justify the decision according to the criteria, standards, and facts.
3.
Form of Decision. The planning commission shall issue a final written order containing the findings and conclusions stated in subsection (F)(2) of this section, which either approves, denies, or approves with specific conditions. The planning commission may also issue appropriate intermediate rulings when more than one permit or decision is required.
4.
Decision-Making Time Limits. A final order for any Type II administrative appeal or Type III action shall be filed with the planning official within 10 business days after the close of the deliberation.
G.
Notice of Decision. Written notice of a Type II administrative appeal decision or a Type III decision shall be mailed to the applicant and to all participants of record within five business days after the planning commission decision. 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.
H.
Final Decision and Effective Date. The decision of the planning commission on any Type II appeal or any Type III application is final for purposes of appeal on the date it is mailed by the city. The decision is effective on the day after the appeal period expires, 14 days after the notice of decision is mailed.
I.
If an appeal is filed, the decision becomes effective on the day after the appeal is decided by the city council. The notification and hearings procedures for Type III applications on appeal to the city council shall be the same as for the initial hearing.
(Ord. 720 § 7[4.1.5], 2003; Ord. 832 § 22, 2018; Ord. 833 § 7, 2018; Ord. 875 § 1 (Exh. A), 2023)
§ 18.105.060 Type IV procedure (legislative; annexation, code amendment, comprehensive plan amendment, land use district map change).
A.
Preapplication Conference. A preapplication conference is required for all Type IV applications. The requirements and procedures for a preapplication conference are described in PMC § 18.105.070(C).
B.
Application Requirements.
1.
Application Forms. Type IV applications shall be made on forms provided by the city.
2.
Content. Type IV applications shall:
a.
Include the information requested on the application form;
b.
Include a map and/or plan addressing the appropriate criteria and standards in sufficient detail for review and decision (as applicable);
c.
Be accompanied by the required fee; and
d.
Include a letter or narrative statement that explains how the application satisfies each and all of the relevant approval criteria and standards in sufficient detail for review and action.
C.
Required Hearings. A minimum of two hearings, one before the planning commission and one before the city council, are required for all Type IV applications, except as required in PMC § 18.105.070(D)(2), Consolidated Proceedings.
D.
Notice of Hearings.
1.
Notice Provided. Notice of a Type IV application public hearing or Type III appeal hearing shall be given by the planning official in the following manner:
a.
Mailed. At least 14 calendar days, but not more than 40 days, before the date of each hearing, a notice shall be prepared in conformance with ORS 227.175 and mailed to:
i.
Each owner whose property would be rezoned in order to implement the ordinance (i.e., owners of property subject to a comprehensive plan amendment shall be notified if a zone change would be required to implement the proposed comprehensive plan amendment);
ii.
The applicant and all owners or contract purchasers of record of the property which is the subject of the application;
iii.
All property owners of record within 400 feet of the site;
iv.
Any governmental agency that has entered into an intergovernmental agreement with the city which includes provision for such notice, or who is otherwise entitled to such notice;
v.
Any neighborhood or community organization recognized by the city council and whose boundaries include the property proposed for development;
vi.
Any person who submits a written request to receive notice;
vii.
For appeals, the appellant and all persons who provided testimony; and
b.
Posted on City Website. At least 14 calendar days before the scheduled planning commission public hearing date, and 14 calendar days before the city council hearing date, notice shall be posted on the official city website.
c.
Posted in Public. For Type IV applications, not less than five calendar days or more than 15 calendar days prior to the public hearings, notice shall be posted at four public places within the city.
d.
Notice to News Outlets. At least 14 calendar days before the scheduled planning commission public hearing date, and 14 calendar days before the city council hearing date, notice shall be provided to news outlets that regularly cover the city.
e.
Posted Sign on Property. When specific properties are involved in the application (i.e. annexation, zone change), at least 14 calendar days before the hearing, the city shall post a sign giving notice of the hearing on the property at each access point and at least every 250 feet along the public right-of-way. The sign shall direct the public to the city website and City Hall for additional information and opportunities to provide comment.
f.
The Department of Land Conservation and Development (DLCD) shall be notified in writing of proposed comprehensive plan and development code amendments at least 35 calendar days before the first public hearing at which public testimony or new evidence will be received.
g.
In those instances where an approved annexation would create an island of unincorporated property, those affected property owners shall be notified of this potential.
E.
Hearing Process and Procedure.
1.
Unless otherwise provided in the rules of procedure adopted by the city council:
2.
Unless otherwise provided in the rules of procedures adopted by the council, the presiding officer of the commission and of the council shall conduct the hearing as follows:
a.
The presiding officer shall begin the hearing with a statement of the nature of the matter before the body, a general summary of the procedures, a summary of the standards for decision-making, and whether the decision that will be made is a recommendation to the city council or the final decision of the council;
b.
The staff report shall be presented;
c.
The public shall be invited to testify;
d.
The public hearing may be continued to allow additional testimony or it may be closed; and
e.
The body's deliberation may include questions to the staff, comments from the staff, and inquiries directed to any person present.
3.
At the commencement of the hearing, the planning commission or city council shall state to those in attendance that:
a.
The applicable approval criteria and standards that apply to the application or appeal;
b.
A statement that testimony and evidence shall concern the approval criteria described in the staff report, or other criteria in the comprehensive plan or land use regulations which the person testifying believes to apply to the decision;
c.
A statement that failure to raise an issue with sufficient detail to give the planning commission or city council and the parties an opportunity to respond to the issue means that no appeal may be made to the State Land Use Board of Appeals on that issue; and
d.
Before the conclusion of the initial evidentiary hearing, any participant may ask the planning commission or city council for an opportunity to present additional relevant evidence or testimony that is within the scope of the hearing. The planning commission or city council shall grant the request by scheduling a date to finish the hearing (a continuance) per subsection (E)(4) of this section, or by leaving the record open for additional written evidence or testimony per subsection (E)(5) of this section.
4.
Continuation of the Public Hearing. The planning commission may continue any hearing, and no additional notice of hearing shall be required if the matter is continued to a specified place, date, and time.
If the planning commission grants a continuance, the completion of the hearing shall be continued to a date, time, and place at least seven days after the date of the first evidentiary hearing. An opportunity shall be provided at the second hearing for persons to present and respond to new written evidence and oral testimony. If new written evidence is submitted at the second hearing, any person may request, before the conclusion of the second hearing, that the record be left open for at least seven days, so that they can submit additional written evidence or testimony in response to the new written evidence.
5.
If the planning commission leaves the record open for additional written evidence or testimony, the record shall be left open for at least seven days after the hearing. Any participant may ask the city in writing for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed, the planning commission shall reopen the record to allow any person to raise new issues which relate to the new evidence, arguments, testimony or criteria for decision-making which apply to the matter at issue;
a.
When the planning commission or hearings officer reopens the record to admit new evidence or testimony, any person may raise new issues which relates to that new evidence or testimony;
b.
An extension of the hearing or record granted pursuant to subsection (E)(4) of this section is subject to the limitations of ORS 227.178 (120-day rule), unless the continuance or extension is requested or agreed to by the applicant;
c.
If requested by the applicant, the city shall allow the applicant at least seven days after the record is closed to all other persons to submit final written arguments in support of the application, unless the applicant expressly waives this right. The applicant's final submittal shall be part of the record but shall not include any new evidence.
F.
Decision-Making Considerations. The recommendation by the planning commission and the decision by the city council shall be based on consideration of the following factors:
G.
Approval Process and Authority.
1.
The planning commission shall, after notice and a public hearing, vote on and prepare a recommendation to the city council to approve, approve with modifications, approve with conditions, deny the proposed change, or adopt an alternative.
2.
Any member of the planning commission who votes in opposition to the planning commission's majority recommendation may file a written statement of opposition with the planning official before the council public hearing on the proposal. The planning official shall send a copy to each council member and place a copy in the record.
3.
If the planning commission fails to adopt a recommendation to approve, approve with modifications, approve with conditions, deny the proposed change, or adopt an alternative proposal within 75 days of its first public hearing on the proposed change, the planning official shall:
4.
The city council shall:
a.
Approve, approve with modifications, approve with conditions, deny, or adopt an alternative to an application for legislative change, or remand the application to the planning commission for rehearing and reconsideration on all or part of the application;
b.
Consider the recommendation of the planning commission; however, it is not bound by the commission's recommendation; and
c.
Act by ordinance, which shall be signed by the mayor after the council's adoption of the ordinance.
H.
Vote Required for a Legislative Change.
1.
A vote by a majority of the qualified voting members of the planning commission present is required for a recommendation for approval, approval with modifications, approval with conditions, denial or adoption of an alternative.
2.
A vote by a majority of the qualified members of the city council present is required to decide any motion made on the proposal.
a.
Notice of a Type IV decision shall be mailed to the applicant, all participants of record, and the Department of Land Conservation and Development, within five business days after the city council decision is filed with the planning official. The city shall also provide notice to all persons as required by other applicable laws.
b.
A Type IV decision, if approved, shall take effect and shall become final as specified in the enacting ordinance, or if not approved, upon mailing of the notice of decision to the applicant.
I.
Conflict of Interest. Participants in the appeal of a Type III hearing or a Type IV hearing are entitled to an impartial review authority as free from potential conflicts of interest as reasonably possible. However, the public has a countervailing right of free access to public officials. Therefore:
1.
A member of the planning commission or city council shall not participate in any proceeding in which they, or any of the following, has a direct or substantial financial interest: Their spouse, brother, sister, child, parent, father-in-law, mother-in-law, partner, any business in which they are then serving or have served within the previous two years, or any business with which they are negotiating for or have an arrangement or understanding concerning prospective partnership or employment. Any actual or potential interest shall be disclosed at the hearing where the action is being taken;
2.
Disqualification of a member of the planning commission or city council due to 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 on the motion to disqualify;
3.
If all members abstain or are disqualified, those members present who declare their reasons for abstention or disqualification shall be requalified to make a decision;
4.
If a member of the planning commission or city council abstains or is disqualified, the city shall provide a substitute in a timely manner subject to the impartiality rules of this section;
5.
Any member of the public may raise conflict of interest issues prior to or during the hearing, to which the members of the planning commission or city council shall reply in accordance with this section.
J.
Presenting and Receiving Evidence.
1.
The planning commission or city council may set reasonable time limits for oral presentations and may limit or exclude cumulative, repetitious, irrelevant or personally derogatory testimony or evidence;
2.
No oral testimony shall be accepted after the close of the public hearing. Written testimony may be received after the close of the public hearing, only as provided in subsection (E)(5) of this section.
K.
Record of the Public Hearing.
1.
A verbatim record of the proceeding shall be made by stenographic, mechanical, or electronic means. It is not necessary to transcribe an electronic record. The minutes and other evidence presented as a part of the hearing shall be part of the record.
2.
All exhibits received and displayed shall be marked to provide identification and shall be part of the record.
3.
The official record shall include:
a.
All materials considered by the planning commission;
b.
All materials submitted by the planning official to the planning commission regarding the application;
c.
The verbatim record made by the stenographic, mechanical, or electronic means; the minutes of the hearing; and other documents considered;
d.
The final ordinance;
e.
All correspondence; and
f.
A copy of the notices that were given as required by this chapter.
(Ord. 720 § 7[4.1.6], 2003; Ord. 799 § 15, 2015; Ord. 833 § 8, 2018; Ord. 875 § 1 (Exh. A), 2023)
§ 18.105.070 General provisions.
A.
One-Hundred-Twenty-Day Rule. The city shall take final action on permit applications that are subject to this chapter, including resolution of all appeals, within 120 days from the date the application is deemed as complete. Any exceptions to this rule shall conform to the provisions of ORS 227.178. (The 120-day rule does not apply to Type IV legislative decisions under ORS 227.178.)
B.
Time Computation. In computing any period of time prescribed or allowed by this chapter, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday or legal holiday, including Sunday, in which event, the period runs until the end of the next day which is not a Saturday or legal holiday.
C.
Preapplication Conferences.
1.
Participants. When a preapplication conference is required, the applicant shall meet with the planning official or his/her designee(s).
2.
Information Provided. At such conference, the planning official shall:
a.
Cite the comprehensive plan policies and map designations applicable to the proposal;
b.
Cite the ordinance provisions, including substantive and procedural requirements applicable to the proposal;
c.
Provide available technical data and assistance that will aid the applicant;
d.
Identify other governmental policies and regulations that relate to the application; and
e.
Reasonably identify other opportunities or constraints concerning the application.
3.
Disclaimer. Failure of the planning official or his/her designee to provide any of the information required by this subsection (C) shall not constitute a waiver of any of the standards, criteria or requirements for the application.
4.
Changes in the Law. Due to possible changes in federal, state, regional, and local law, the applicant is responsible for ensuring that the application complies with all applicable laws on the day the application is deemed complete.
D.
Applications.
1.
2.
Consolidated Proceedings. When an applicant applies for more than one type of land use or development permit (e.g., Type II and III) for the same one or more parcels of land, the proceedings shall be consolidated for review and decision.
a.
When proceedings are consolidated:
i.
The notice shall identify each application to be decided;
ii.
The decision on a plan map amendment shall precede the decision on a proposed land use district change and other decisions on a proposed development. Similarly, the decision on a zone map amendment shall precede the decision on a proposed development and other actions; and
iii.
Separate findings and decisions shall be made on each application.
iv.
Approval of each application shall be contingent upon the approval of all the components of the consolidated application.
3.
Check for Acceptance and Completeness. In reviewing an application for completeness, the following procedure shall be used:
a.
Acceptance. When the city receives an application, the planning official shall immediately determine whether the following essential items are present. If the following items are not present, the application shall not be accepted and shall be immediately returned to the applicant:
b.
Completeness.
i.
After the application is accepted, the planning official shall review the application for completeness. If the application is incomplete, the planning official shall notify the applicant in writing of exactly what information is missing within 30 days of receipt of the application and allow the applicant 180 days to submit the missing information.
ii.
When Application Deemed Complete for Review. In accordance with the application submittal requirements of this chapter, the application shall be deemed complete upon the receipt by the planning official of all required information. The applicant shall have the option of withdrawing the application, or refusing to submit information requested by the planning official in (D)(3)(b)(i) of this section. For the refusal to be valid, the refusal shall be made in writing and received by the planning official no later than 14 days after the date on the city's letter of incompleteness. If the applicant refuses in writing to submit the missing information, the application shall be deemed complete on the thirty-first day after the planning official first accepted the application.
iii.
Standards and Criteria that Apply to the Application. Approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first accepted.
4.
Changes or Additions to the Application During the Review Period. Once an application is deemed complete:
a.
All documents and other evidence relied upon by the applicant shall be submitted to the planning official at least seven days before the notice of action or hearing is mailed, if possible. Documents or other evidence submitted after that date shall be received by the planning official, and transmitted to the planning commission, but may be too late to include with the staff report and evaluation;
b.
When documents or other evidence are submitted by the applicant during the review period, but after the application is deemed complete, the assigned review person or body shall determine whether or not the new documents or other evidence submitted by the applicant significantly change the application;
c.
If the assigned reviewer determines that the new documents or other evidence significantly change the application, the reviewer shall include a written determination that a significant change in the application has occurred as part of the decision. In the alternate, the reviewer may inform the applicant either in writing, or orally at a public hearing, that such changes may constitute a significant change (see subsection (D)(4)(d) of this section), and allow the applicant to withdraw the new materials submitted, in order to avoid a determination of significant change;
d.
If the applicant's new materials are determined to constitute a significant change in an application that was previously deemed complete, the city shall take one of the following actions, at the choice of the applicant:
i.
Continue to process the existing application and allow the applicant to submit a new second application with the proposed significant changes. Both the old and the new applications will proceed, but each will be deemed complete on different dates and may therefore be subject to different criteria and standards and different decision dates;
ii.
Suspend the existing application and allow the applicant to submit a new application with the proposed significant changes. Before the existing application can be suspended, the applicant must consent in writing to waive the 120-day rule (subsection (A) of this section) on the existing application. If the applicant does not consent, the city shall not select this option;
iii.
Reject the new documents or other evidence that has been determined to constitute a significant change, and continue to process the existing application without considering the materials that would constitute a significant change. The city will complete its decision-making process without considering the new evidence;
e.
If a new application is submitted by the applicant, that application shall be subject to a separate check for acceptance and completeness and will be subject to the standards and criteria in effect at the time the new application is accepted.
E.
Planning Official's Duties. The planning official shall:
1.
Prepare application forms based on the criteria and standards in applicable state law, the city's comprehensive plan, and implementing ordinance provisions;
2.
Accept all development applications that comply with this section;
3.
Prepare a staff report that summarizes the application(s) and applicable decision criteria, and provides findings of conformance and/or nonconformance with the criteria. The staff report should also provide a recommended decision of approval, denial, or approval with specific conditions that ensure conformance with the approval criteria;
4.
Prepare a notice of the proposal decision:
a.
In the case of an application subject to a Type I or II review process, the planning official shall make the staff report and all case file materials available at the time that the notice of the decision is issued;
b.
In the case of an application subject to a hearing (Type III or IV process), the planning official shall make the staff report available to the public at least seven days prior to the scheduled hearing date, and make the case file materials available when notice of the hearing is mailed, as provided by PMC § 18.105.040(C) (Type II), 18.105.050(D) (Type III), or 18.105.060(D) (Type IV);
5.
Administer the hearings process;
6.
File notice of the final decision in the city's records and mail a copy of the notice of the final decision to the applicant, all persons who provided comments or testimony, persons who requested copies of the notice, and any other persons entitled to notice by law;
7.
Maintain and preserve the file for each application for the time period required by law. The file shall include, as applicable, a list of persons required to be given notice and a copy of the notice given; the affidavits of notice; the application and all supporting information; the staff report; the final decision including the findings, conclusions and conditions, if any; all correspondence; minutes of any meeting at which the application was considered; and any other exhibit, information or documentation which was considered by the decision-maker(s) on the application; and
8.
Administer the appeals and review process.
F.
Amended Decision Process.
1.
The purpose of an amended decision process is to allow the planning official to correct typographical errors, rectify inadvertent omissions and/or make other minor changes that do not materially alter the decision.
2.
The planning official may issue an amended decision after the notice of final decision has been issued, but before the appeal period has expired. If such a decision is amended, the decision shall be issued within 10 business days after the original decision would have become final, but in no event beyond the 120-day period required by state law. A new 10-day appeal period shall begin on the day the amended decision is issued.
3.
Notice of an amended decision shall be given using the same mailing and distribution list as for the original decision notice.
G.
Resubmittal of Application Following Denial. An application that has been denied, or an application that was denied and, which on appeal or review has not been reversed by a higher authority, may not be resubmitted as the same or a substantially similar proposal for the same land for a period of at least 12 months from the date the final city action is made denying the application unless there is substantial change in the facts or a change in city policy which would change the outcome, as determined by the planning official.
(Ord. 720 § 7[4.1.7], 2003; Ord. 833 § 9, 2018; Ord. 841 § 14, 2020)
§ 18.105.080 Special procedures.
A.
Expedited Land Divisions. An expedited land division (ELD) shall be defined and may be used as in ORS 197.360 which is expressly adopted and incorporated by reference here.
1.
Selection. An applicant who wishes to use an ELD procedure for a partition, subdivision or planned development instead of the regular procedure type assigned to it, must request the use of the ELD in writing at the time the application is filed, or forfeit his/her right to use it;
(Ord. 720 § 7[4.1.8], 2003)
§ 18.105.090 Neighborhood meetings.
Applicants are encouraged to meet with adjacent property owners and neighborhood representatives prior to submitting their application in order to solicit input and exchange information about the proposed development. In some cases, the planning official may require the applicant to meet with a city-recognized neighborhood association or group prior to accepting an application as complete. A neighborhood meeting is required for the following types of applications:
A.
Subdivisions;
B.
Site design review applications within the residential land use district;
C.
Other development applications that are likely to have neighborhood or community-wide impacts (e.g., traffic, parking, noise, or similar impacts), as determined by the planning official.
(Ord. 720 § 7[4.1.9], 2003)
§ 18.110.010 Purpose.
The purpose of this chapter is to:
A.
Provide rules, regulations and standards for efficient and effective administration of site development review;
B.
Carry out the development pattern and plan of the city and its comprehensive plan policies;
C.
Promote the public health, safety and general welfare;
D.
Lessen or avoid congestion in the streets, and secure safety from fire, flood, pollution and other dangers;
E.
Provide adequate light and air, prevent overcrowding of land, and facilitate adequate provision for transportation, water supply, sewage and drainage;
F.
Encourage the conservation of energy resources;
G.
Encourage efficient use of land resources, full utilization of urban services, mixed-uses, transportation options, and detailed, human-scaled design.
(Ord. 720 § 7[4.2.1], 2003)
§ 18.110.020 Applicability.
Development review or site design review shall be required for all new developments and modifications of existing developments, except that regular maintenance, repair and replacement of materials (e.g., roof, siding, awnings, etc.), parking resurfacing, and similar maintenance and repair shall be exempt. The criteria for each type of review are as follows:
A.
Site Design Review. Site design review is a discretionary review conducted by the planning official without a public hearing. (See Chapter 18.105 PMC for review procedure.) It applies to all developments in the city, except those specifically listed under subsection (B) of this section, Development Review. Site design review ensures compliance with the basic development standards of the land use district (e.g., building setbacks, lot coverage, maximum building height), as well as the more detailed design standards and public improvement requirements in Divisions 2 and 3.
B.
Development Review. Development review is a nondiscretionary or ministerial review conducted by the planning official without a public hearing. (See Chapter 18.105 PMC for review procedure.) It is for less complex developments and land uses that do not require site design review approval. Development review is based on clear and objective standards and ensures compliance with the basic development standards of the land use district, such as building setbacks, lot coverage, maximum building height, and similar provisions of Division 2. Development review is required for all of the types of development listed in subsections (B)(1) through (B)(8) of this section, except that all developments in sensitive land areas and historic districts shall also use the development review procedures for those districts:
1.
Single-family detached dwelling (including manufactured homes), when required by a condition of land division approval;
2.
A single duplex, up to two single-family attached (townhome) units, or a single triplex that is not being reviewed as part of any other development, and accessory parking on the same lot;
3.
Building additions of not more than 500 square feet, and minor modifications to development approvals as defined by Chapter 18.130 PMC;
4.
Any proposed development that has a valid conditional use permit and is less than 25 percent of the approved floor area. Major modifications exceeding 25 percent of the gross floor area to a development with a conditional use permit shall require review and approval in accordance with Chapter 18.120 PMC, Conditional Use Permits;
6.
Temporary use, except that temporary uses shall comply with the procedures and standards for temporary uses as contained in Chapter 18.145 PMC;
7.
Accessory structures with less than 1,000 square feet of floor area, including accessory dwellings; and
8.
Other developments, when required by a condition of approval.
(Ord. 720 § 7[4.2.2], 2003)
§ 18.110.030 Development review approval criteria.
A.
Development review shall be conducted only for the developments listed in PMC § 18.110.020(B) and it shall be conducted as a Type I procedure, as described in PMC § 18.105.030. Prior to issuance of building permits, the following standards shall be met:
1.
The proposed land use is permitted by the underlying land use district (Division 2);
2.
The land use, building/yard setback, lot area, lot dimension, density, lot coverage, building height and other applicable standards of the underlying land use district are met (Division 2);
3.
All applicable building and fire code standards are met; and
4.
The approval shall lapse and a new application shall be required if a building permit has not been issued within one year of site review approval, or if development of the site is in violation of the approved plan or other applicable codes.
(Ord. 720 § 7[4.2.3], 2003)
§ 18.110.040 Site design review – Application review procedure.
A.
Site Design Review – Determination of Type II and Type III Applications. Applications for site design review shall be subject to Type II or Type III review, based on the following criteria:
1.
Residential buildings with eight or fewer dwelling units shall be reviewed as a Type II application, except when development review is allowed under PMC § 18.110.030. Residential buildings with greater than eight units shall be reviewed as a Type III application.
2.
Commercial, industrial, public/semi-public, and institutional buildings with 40,000 square feet of gross floor area or smaller shall be reviewed as a Type II application, except when development review is allowed under PMC § 18.110.030. Commercial, industrial, public/semi-public, and institutional buildings with greater than 40,000 square feet of gross floor area shall be reviewed as a Type III application.
3.
Developments with more than one building (e.g., two duplex buildings or an industrial building with accessory workshop) shall be reviewed as Type II applications, notwithstanding the provisions contained in subsections (A)(1) and (A)(2) of this section.
4.
Developments involving the clearing and/or grading of five acres or a larger area shall be reviewed as Type II applications; notwithstanding the provisions contained in subsections (A)(1) through (A)(3) and (A)(5) of this section.
5.
All developments in designated sensitive lands and historic overlay districts shall be reviewed as Type II applications.
(Ord. 720 § 7[4.2.4], 2003)
§ 18.110.050 Site design review – Application submission requirements.
All of the following information is required for site design review application submittal:
A.
General Submission Requirements. The applicant shall submit an application containing all of the general information required by PMC § 18.105.040 (Type II application) or 18.105.050 (Type III application), as applicable. The type of application shall be determined in accordance with PMC § 18.110.040(A).
B.
Site Design Review Information. An application for site design review shall include the following information, as deemed applicable by the planning official:
1.
Site Analysis Map. At a minimum, the site map shall contain the following:
a.
The applicant's entire property and the surrounding property to a distance sufficient to determine the location of the development in the city, and the relationship between the proposed development site and adjacent property and development. The property boundaries, dimensions and gross area shall be identified;
b.
Topographic contour lines at intervals determined by the city;
c.
Identification of slopes greater than 20 percent;
d.
The location and width of all public and private streets, drives, sidewalks, pathways, rights-of-way, and easements on the site and adjoining the site;
e.
Potential natural hazard areas, including any areas identified as subject to a 100-year flood, areas subject to high water table, and areas mapped by the city, county, or state as having a potential for geologic hazards;
f.
Resource areas, including marsh and wetland areas, streams, wildlife habitat identified by the city or any natural resource regulatory agencies as requiring protection:
i.
Site features, including existing structures, pavement, large rock outcroppings, areas having unique views, and drainage ways, canals and ditches;
ii.
Locally or federally designated historic and cultural resources on the site and adjacent parcels or lots;
iii.
The location, size and species of trees and other vegetation having a caliper (diameter) of six inches or greater at DBH;
g.
North arrow, scale, names and addresses of all persons listed as owners on the most recently recorded deed;
h.
Name and address of project designer, engineer, surveyor, and/or planner, if applicable;
i.
Other information, as determined by the planning official. The city may require studies or exhibits prepared by qualified professionals to address specific site features.
i.
If the site is or has been zoned or used for industrial or agricultural purposes, a Phase I environmental assessment by a certified company shall be provided.
ii.
Based on the results of the Phase I environmental assessment, a Phase II assessment may be required, accompanied by a mitigation plan for all contamination identified in the assessment;
j.
Proposed Site Plan. The site plan shall contain the following information, if applicable:
i.
The proposed development site, including boundaries, dimensions, and gross area;
ii.
Features identified on the existing site analysis map, which are proposed to remain on the site.
iii.
Features identified on the existing site map, if any, which are proposed to be removed or modified by the development;
iv.
The location and dimensions of all proposed public and private streets, drives, rights-of-way, and easements;
v.
The location and dimensions of all existing and proposed structures, utilities, pavement and other improvements on the site. Setback dimensions for all existing and proposed buildings shall be provided on the site plan;
vi.
The location and dimensions of entrances and exits to the site for vehicular, pedestrian, and bicycle access;
vii.
The location and dimensions of all parking and vehicle circulation areas (show striping for parking stalls and wheel stops as applicable);
viii.
Pedestrian and bicycle circulation areas, including sidewalks, internal pathways, pathway connections to adjacent properties, and any bicycle lanes or trails;
ix.
Loading and service areas for waste disposal, loading and delivery;
x.
Outdoor recreation spaces, common areas, plazas, outdoor seating, street furniture, and similar improvements, as applicable;
xi.
Location, type, and height of outdoor lighting;
xii.
Location of mail boxes, if known;
xiii.
Name and address of project designer, if applicable;
xiv.
Location of bus stops and other public or private transportation facilities;
xv.
Locations, sizes, and types of signs;
xvi.
The city may require studies or exhibits prepared by qualified professionals to address specific site features (e.g., traffic, noise, environmental features, natural hazards, etc.), in conformance with this title.
3.
Preliminary Grading Plan. A preliminary grading plan prepared by a registered engineer shall be required for developments which would result in the grading (cut or fill) of 1,000 cubic yards or greater. The preliminary grading plan shall show the location and extent to which grading will take place, indicating general changes to contour lines, slope ratios, slope stabilization proposals, and location and height of retaining walls, if proposed. Surface water detention and treatment plans may also be required.
4.
Landscape Plan. A landscape plan is required and shall show the following:
a.
The location and height of existing and proposed fences and other buffering or screening materials;
b.
The location of existing and proposed terraces, retaining walls, decks, patios, shelters, and play areas;
c.
The location, size, and species of the existing and proposed plant materials (at time of planting);
d.
Existing and proposed building and pavement outlines;
e.
Specifications for soil at time of planting, irrigation if plantings are not drought-tolerant (may be automatic or other approved method of irrigation) and anticipated planting schedule;
5.
Sign drawings shall be required in conformance with the city's sign code.
6.
Copies of all existing and proposed restrictions or covenants.
7.
Letter or narrative report documenting compliance with the applicable approval criteria contained in PMC § 18.110.060.
(Ord. 720 § 7[4.2.5], 2003; Ord. 833 § 10, 2018)
§ 18.110.060 Approval criteria.
The review authority shall make written findings with respect to all of the following criteria when approving, approving with conditions, or denying an application:
A.
The application is complete, as determined in accordance with Chapter 18.105 PMC, Types of Applications and Review Procedures, and PMC § 18.110.050.
B.
The application complies with the all of the applicable provisions of the underlying land use district (Division 2), including: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other special standards as may be required for certain land uses.
C.
The applicant shall be required to upgrade any existing development that does not comply with the applicable land use district standards, in conformance with Chapter 18.160 PMC, Nonconforming Uses and Development.
D.
The application complies with the design standards contained in Division 3. All of the following standards shall be met:
(Ord. 720 § 7[4.2.6], 2003)
§ 18.110.070 Bonding and assurances.
A.
Performance Bonds for Public Improvements. On all projects where public improvements are required, the city shall require a bond in an amount not greater than 125 percent or other adequate assurances as a condition of site development approval in order to guarantee the public improvements.
B.
Release of Performance Bonds. The bond or assurance shall be released when the planning official finds the completed project conforms to the site development approval, including all conditions of approval.
C.
Completion of Landscape Installation. Landscaping shall be installed prior to issuance of occupancy permits, unless security equal to the cost of the landscaping, as determined by the planning official or a qualified landscape architect, is filed with the city recorder assuring such installation within six months after occupancy. If the installation of the landscaping is not completed within the six-month period, the security may be used by the city to complete the installation.
(Ord. 720 § 7[4.2.7], 2003)
§ 18.110.080 Development in accordance with permit approval.
Development shall not commence until the applicant has received all of the appropriate land use a development approvals (i.e., site design review approval) and building permits. Construction of public improvements shall not commence until the city has approved all required public improvement plans (e.g., utilities, streets, public land dedication, etc.). The city may require the applicant to enter into a development agreement (e.g., for phased developments and developments with required off-site public improvements), and may require bonding or other assurances for improvements, in accordance with PMC § 18.110.070. Development review and site design review approvals shall be subject to all of the following standards and limitations:
A.
Modifications to Approved Plans and Developments. Minor modifications of an approved plan or existing development, as defined in Chapter 18.130 PMC, shall be processed as a Type I procedure and require only site review. Major modifications, as defined in Chapter 18.130 PMC, shall be processed as a Type II or Type III procedure and shall require site design review. For information on Type I, Type II and Type III procedures, please refer to Chapter 18.105 PMC. For modifications approval criteria, please refer to Chapter 18.130 PMC.
B.
Approval Period. Development review and site design review approvals shall be effective for a period of one year from the date of approval. The approval shall lapse if:
C.
Extension. The planning official may, upon written request by the applicant, grant an extension of the approval period not to exceed one year; provided, that:
1.
No changes are made on the original approved site design review plan;
2.
The applicant can show intent of initiating construction on the site within the one-year extension period;
3.
There have been no changes to the applicable code provisions on which the approval was based. If there have been changes to the applicable code provisions and the expired plan does not comply with those changes, then the extension shall not be granted; in this case, a new site design review shall be required;
4.
The applicant demonstrates that failure to obtain building permits and substantially begin construction within one year of site design approval was beyond the applicant's control; and
5.
The request is filed prior to the permit expiration.
D.
Phased Development. Phasing of development may be approved with the site design review application, subject to the following standards and procedures:
1.
A phasing plan shall be submitted with the site design review application.
2.
The reviewing authority shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than five years without reapplying for site design review.
3.
Approval of a phased site design review proposal requires satisfaction of all of the following criteria:
a.
The public facilities required to serve each phase are constructed in conjunction with or prior to each phase;
b.
The development and occupancy of any phase dependent on the use of temporary public facilities shall require city council approval. Temporary facilities shall be approved only upon city receipt of bonding or other assurances to cover the cost of required public improvements, in accordance with PMC § 18.110.040. A temporary public facility is any facility not constructed to the applicable city or district standard, subject to review by the city engineer;
c.
The phased development shall not result in requiring the city or other property owners to construct public facilities that were required as part of the approved development proposal; and
(Ord. 720 § 7[4.2.8], 2003)
§ 18.115.010 Purpose.
The purpose of this chapter is to:
A.
Provide rules, regulations and standards governing the approval of subdivisions, partitions and lot line adjustments;
B.
Carry out the city's development pattern, as envisioned by the comprehensive plan;
C.
Encourage efficient use of land resources, full utilization of urban services, and transportation options;
D.
Promote the public health, safety and general welfare through orderly and efficient urbanization;
E.
Lessen or avoid traffic congestion, and secure safety from fire, flood, pollution and other dangers;
F.
Provide adequate light and air, prevent overcrowding of land, and facilitate adequate provision for transportation, water supply, sewage and drainage; and
G.
Encourage the conservation of energy resources.
(Ord. 720 § 7[4.3.100], 2003)
§ 18.115.020 General requirements.
A.
Subdivision and Partition Approval Through Two-Step Process. Applications for subdivision or partition approval shall be processed through a two-step process: the preliminary plat and the final plat.
C.
Future Redivision Plan. When subdividing or partitioning tracts into large lots (i.e., greater than two times or 200 percent of the minimum lot size allowed by the underlying land use district), the city may require that the lots be of such size, shape, and orientation as to facilitate future redivision, in accordance with the requirements of the land use district and this title. A redivision plan shall be submitted which identifies:
1.
Potential future lot division(s) in conformance with the housing and density standards of Division 2;
2.
Potential street right-of-way alignments to serve future development of the property and connect to adjacent properties, including existing or planned rights-of-way;
3.
A disclaimer that the plan is a conceptual plan intended to show potential future development. It shall not be binding on the city or property owners, except as may be required through conditions of land division approval. For example, dedication and improvement of rights-of-way within the future plan area may be required to provide needed secondary access and circulation.
D.
Lot Size Averaging, Single-family residential lot size may be averaged to allow lots less than the minimum lot size in the residential district, as long as the average area for all lots is not less than allowed by the district. No lot created under this provision shall be less than 80 percent of the minimum lot size allowed in the underlying district.
E.
Temporary Sales Office. A temporary sales office in conjunction with a subdivision may be approved as set forth in PMC § 18.145.010, Temporary use permits.
F.
Minimize Flood Damage. All subdivisions and partitions shall be designed based on the need to minimize the risk of flood damage. No new building lots shall be created entirely within a floodway. All new lots shall be buildable without requiring development within the floodway. Development in a 100-year floodplain shall comply with Federal Emergency Management Agency requirements, including filling to elevate structures above the base flood elevation. The applicant shall be responsible for obtaining such approvals from the appropriate agency before city approval of the final plat.
G.
Determination of Base Flood Elevation. Where a development site consists of, is located in, or near areas prone to inundation, and the base flood elevation has not been provided or is not available from another authoritative source, it shall be prepared by a licensed professional engineer or surveyor.
H.
Need for Adequate Utilities. All lots created through land division shall have adequate public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to prevent or minimize flood damage to the extent practicable.
I.
Need for Adequate Drainage. All subdivision and partition proposals shall have adequate surface water drainage provided to reduce exposure to flood damage. Water quality or quantity control improvements may be required.
J.
Floodplain, Park, and Open Space Dedications. Where land filling and/or development is allowed within or adjacent to the 100-year floodplain outside the zero-foot rise floodplain, and the park master plan designates the subject floodplain for park, open space, or trail use, the city may require the dedication of sufficient open land area for a greenway adjoining or within the floodplain. When practicable, this area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the city's adopted trail plan or pedestrian and bikeway plans, as applicable. The city shall evaluate individual development proposals and determine whether the dedication of land is justified based on the development's impact to the park and/or trail system, consistent with Chapter 18.80 PMC, and PMC § 18.80.020(D) in particular.
(Ord. 720 § 7[4.3.110], 2003; Ord. 737 § 1, 2006)
§ 18.115.030 Approvals process.
A.
Review of Preliminary Plat. Review of a preliminary plat for a partition shall be processed by means of a Type II procedure, as governed by PMC § 18.105.040. Preliminary plats for a subdivision shall be processed with a Type III procedure under PMC § 18.105.050. All preliminary plats shall be reviewed using approval criteria contained in PMC § 18.115.050. An application for subdivision may be reviewed concurrently with an application for a master planned development under Chapter 18.125 PMC.
B.
Review of Final Plat. Review of a final plat for a subdivision or partition shall be processed by means of a Type II procedure under PMC § 18.105.040, using the approval criteria in PMC § 18.115.070.
C.
Preliminary Plat Approval Period. Preliminary plat approval shall be effective for a period of two years from the date of approval, after which time the preliminary plat shall lapse.
D.
Modifications and Extensions. The applicant may request changes to the approved preliminary plat or conditions of approval following the procedures and criteria provided in Chapter 18.130 PMC, Modifications to Approved Plans and Conditions of Approval. The planning official may, upon written request by the applicant and payment of the required fee, grant one extension of the approval period not to exceed one year; provided, that:
2.
The applicant has submitted written intent to file a final plat within the one-year extension period;
3.
An extension of time will not prevent the lawful development of abutting properties;
4.
There have been no changes to the applicable code provisions on which the approval was based. If such changes have occurred, a new preliminary plat application shall be required; and
5.
The extension request is made before expiration of the original approved plan.
E.
Phased Development.
1.
The city may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period (i.e., for required public improvements, utilities, streets) for any subdivision phase be greater than two years without reapplying for a preliminary plat;
2.
The criteria for approving a phased land division proposal are:
a.
Public facilities shall be constructed in conjunction with or prior to each phase;
b.
The development and occupancy of any phase dependent on the use of temporary public facilities shall require city council approval. Temporary facilities shall be approved only upon city receipt of bonding or other assurances to cover the cost of required permanent public improvements, in accordance with PMC § 18.115.090. A temporary public facility is any facility not constructed to the applicable city or district standard;
c.
The phased development shall not result in requiring the city or a third party (e.g., owners of lots) to construct public facilities that were required as part of the approved development proposal; and
d.
The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat.
(Ord. 720 § 7[4.3.120], 2003)
§ 18.115.040 Preliminary plat submission requirements.
A.
General Submission Requirements. For Type II partitions, the applicant shall submit an application containing all of the information required for a Type II procedure under PMC § 18.105.040. For Type III subdivisions, the application shall contain all of the information required for a Type III procedure under PMC § 18.105.050, except as required for master planned neighborhood developments:
B.
Preliminary Plat Information. In addition to the general information described in subsection (A) of this section, the preliminary plat application shall consist of drawings and supplementary written material (i.e., on forms and/or in a written narrative) adequate to provide the following information:
1.
General Information.
a.
Name of subdivision (not required for partitions). This name must not duplicate the name of another subdivision in the county in which it is located (please check with county surveyor);
b.
Date, north arrow, and scale of drawing;
c.
Location of the development sufficient to define its location in the city, boundaries, and a legal description of the site;
d.
Names, addresses and telephone numbers of the owners, designer, and engineer or surveyor if any, and the date of the survey; and
e.
Identification of the drawing as a "preliminary plat."
2.
Site Analysis.
a.
If the site is or has been zoned or used for industrial or agricultural purposes, a Phase I Environmental Assessment by a certified company shall be provided.
b.
Based on the results of the Phase I environmental assessment, a Phase II assessment may be required, accompanied by a mitigation plan for all contamination identified in the assessment.
3.
Proposed Improvements.
a.
Public and private streets, tracts, driveways, open space and park land; location, names, right-of-way dimensions, approximate radius of street curves; and approximate finished street center line grades. All streets and tracts that are being held for private use and all reservations and restrictions relating to such private tracts shall be identified;
b.
Easements: location, width and purpose of all easements;
c.
Lots and private tracts (e.g., private open space, common area, or street): approximate dimensions, area calculation (e.g., in square feet), and identification numbers for all lots and tracts;
d.
Proposed uses of the property, including all areas proposed to be dedicated to the public or reserved as open space for the purpose of surface water management, recreation, or other use;
e.
Proposed improvements, as required by Division 3, Design Standards, and timing of improvements (e.g., in the case of streets, sidewalks, street trees, utilities, etc.);
f.
The proposed source of domestic water;
g.
The proposed method of sewage disposal, and method of surface water drainage and treatment if required;
h.
The approximate location and identity of other utilities, including the locations of street lighting fixtures;
i.
Proposed railroad crossing or modifications to an existing crossing, if any, and evidence of contact with Oregon Department of Transportation related to proposed railroad crossing(s);
j.
Changes to navigable streams or other watercourses. Provision or closure of public access to these areas shall be shown on the preliminary plat, as applicable;
k.
Identification of the base flood elevation. Evidence of contact with the Federal Emergency Management Agency to initiate a floodplain map amendment shall be required when development is proposed to modify a designated 100-year floodplain;
l.
Evidence of contact with Oregon Department of Transportation (ODOT) for any development requiring access to a highway under the state's jurisdiction; and
(Ord. 720 § 7[4.3.130], 2003; Ord. 833 § 11, 2018)
§ 18.115.050 Approval criteria – Preliminary plat.
A.
General Approval Criteria. The city may approve, approve with conditions or deny a preliminary plat based on the following approval criteria:
1.
The proposed preliminary plat complies with all of the applicable development code sections and other applicable ordinances and regulations. At a minimum, the provisions of this chapter, and the applicable sections of Chapter 18.30 PMC, Land Use District Administration, and Chapter 18.60 PMC, Design Standards Administration, shall apply. Where a variance is necessary to receive preliminary plat approval, the application shall also comply with the relevant sections of Division 5;
2.
The proposed plat name is not already recorded for another subdivision, and satisfies the provisions of ORS Chapter 92;
3.
The proposed streets, roads, sidewalks, bicycle lanes, pathways, utilities, and surface water management facilities are laid out so as to conform or transition to the plats of subdivisions and maps of major partitions already approved for adjoining property as to width, general direction and in all other respects. All proposed public improvements and dedications are identified on the preliminary plat; and
4.
All proposed private common areas and improvements (e.g., homeowner association property) are identified on the preliminary plat.
B.
Housing Density. The subdivision meets the city's housing standards of Division 2.
C.
Block and Lot Standards. All proposed blocks (i.e., one or more lots bound by public streets), lots and parcels conform to the specific requirements below:
1.
All lots shall comply with the lot area, setback, and dimensional requirements of the applicable land use district (Division 2), and the standards of PMC § 18.65.020(J), Street connectivity and formation of blocks required.
2.
Setbacks shall be as required by the applicable land use district, Division 2.
5.
In conformance with the Uniform Fire Code, a fire apparatus access drive shall be provided to serve all portions of a building that are located more than 150 feet from a public right-of-way or approved access drive. See also Chapter 18.65 PMC, Access and Circulation.
6.
Where a common drive is to be provided to serve more than one lot, a reciprocal easement that will ensure access and maintenance rights shall be recorded with the approved subdivision or partition plat.
D.
Conditions of Approval. The city may attach such conditions as are necessary to carry out provisions of this title, and other applicable ordinances and regulations, and may require reserve strips be granted to the city for the purpose of controlling access to adjoining undeveloped properties. See also PMC § 18.80.020(D), Conditions of development approval.
(Ord. 720 § 7[4.3.140], 2003)
§ 18.115.060 Variances authorized.
Adjustments to the standards of this chapter shall be processed in accordance with Chapter 18.155 PMC, Variances. Applications for variances shall be submitted at the same time an application for land division or lot line adjustment is submitted.
(Ord. 720 § 7[4.3.150], 2003)
§ 18.115.070 Final plat submission requirements and approval criteria.
A.
Submission Requirements. Final plats shall be reviewed and approved by the city prior to recording with Benton County. The applicant shall submit the final plat within two years of the approval of the preliminary plat as provided by PMC § 18.115.030. Specific information about the format and size of the plat, number of copies and other detailed information can be obtained from the planning official.
B.
Approval Criteria. By means of a Type II procedure, the planning official shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria:
1.
The final plat complies with the approved preliminary plat, and all conditions of approval have been satisfied;
2.
All public improvements required by the preliminary plat have been installed and approved by the public works director. Alternatively, the developer has provided a performance guarantee in accordance with PMC § 18.115.090.
3.
The streets and roads for public use are dedicated without reservation or restriction other than reversionary rights upon vacation of any such street or road and easements for public utilities;
4.
The streets and roads held for private use have been approved by the city as conforming to the preliminary plat;
5.
The plat contains a dedication to the public of all public improvements, including but not limited to streets, public pathways and trails, access reserve strips, parks, sewage disposal, storm drainage and water supply systems;
6.
The applicant has provided copies of all recorded homeowners association codes, covenants, and restrictions (CC&Rs); deed restrictions; private easements and agreements (e.g., for access, common areas, parking, etc.); and other recorded documents pertaining to common improvements recorded and referenced on the plat;
7.
The plat complies with the applicable sections of this title (i.e., there have been no changes in land use or development resulting in a code violation since preliminary plat approval);
8.
Certification by the city or service district, as applicable, that water and sanitary sewer service is available to each and every lot depicted on the plat; or bond, contract or other assurance has been provided by the subdivider to the city that such services will be installed in accordance with Chapter 18.80 PMC, Public Facilities Standards, and the bond requirements of PMC § 18.115.090. The amount of the bond, contract or other assurance by the subdivider shall be determined by a registered professional engineer, subject to review and approval by the city;
9.
The plat contains an affidavit by the surveyor who surveyed the land, represented on the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by ORS Chapter 92, and indicating the initial point of the survey, and giving the dimensions and kind of such monument, and its reference to some corner established by the U.S. Geological Survey or giving two or more permanent objects for identifying its location.
(Ord. 720 § 7[4.3.160], 2003)
§ 18.115.080 Public improvements.
The following procedures apply to subdivisions and partitions when public improvements are required as a condition of approval:
A.
Public Improvements Required. Before city approval is certified on the final plat, all required public improvements shall be installed, inspected, and approved. Alternatively, the subdivider shall provide a performance guarantee, in accordance with PMC § 18.115.090.
(Ord. 720 § 7[4.3.170], 2003)
§ 18.115.090 Performance guarantee.
A.
Performance Guarantee Required. When a performance guarantee is required under PMC § 18.115.080, the subdivider shall file an assurance of performance with the city supported by one of the following:
1.
An irrevocable letter of credit executed by a financial institution authorized to transact business in the state of Oregon;
2.
A surety bond executed by a surety company authorized to transact business in the state of Oregon which remains in force until the surety company is notified by the city in writing that it may be terminated; or
3.
Cash.
B.
Determination of Sum. The assurance of performance shall be for a sum determined by the city as required to cover the cost of the improvements and repairs, including related engineering and incidental expenses.
C.
Itemized Improvement Estimate. The developer shall furnish to the city an itemized improvement estimate, certified by a registered civil engineer, to assist the city in calculating the amount of the performance assurance.
D.
Agreement. An agreement between the city and developer shall be recorded with the final plat that stipulates all of the following:
1.
Specifies the period within which all required improvements and repairs shall be completed;
2.
A provision that if work is not completed within the period specified, the city may complete the work and recover the full cost and expenses from the applicant;
3.
Stipulates the improvement fees and deposits that are required;
4.
(Optional.) Provides for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract;
5.
The agreement may be prepared by the city, or in a letter prepared by the applicant. It shall not be valid until it is signed and dated by both the applicant and planning official.
E.
When Developer Fails to Perform. In the event the developer fails to carry out all provisions of the agreement the city may call on the bond, cash deposit or letter of credit to complete such provisions or for reimbursement.
F.
Termination of Performance Guarantee. The developer shall not cause termination of nor allow expiration of the guarantee without having first secured written authorization from the city.
(Ord. 720 § 7[4.3.180], 2003)
§ 18.115.100 Filing and recording.
A.
Filing Plat with County. Within 60 days of the city approval of the final plat, the applicant shall submit the final plat to Benton County for signatures of county officials as required by ORS Chapter 92.
B.
Proof of Recording. Upon final recording with the county, the applicant shall submit to the city a mylar copy and three paper copies of all sheets of the recorded final plat. This shall occur prior to the issuance of building permits for the newly created lots.
(Ord. 720 § 7[4.3.190], 2003)
§ 18.115.110 Replatting and vacation of plats.
A.
Replatting and Vacations. Any plat or portion thereof may be replatted or vacated upon receiving an application signed by all of the owners as appearing on the deed.
B.
Procedure. All applications for a replat or vacation shall be processed in accordance with the procedures and standards for a subdivision or partition (i.e., the same process used to create the plat shall be used to replat or vacate the plat). The same appeal rights provided through the subdivision and partition process shall be afforded to the plat vacation process. (See Chapter 18.105 PMC, Types of Applications and Review Procedures.)
C.
Basis for Denial. A replat or vacation application may be denied if it abridges or destroys any public right in any of its public uses, improvements, streets or alleys; or if it fails to meet any applicable criteria.
D.
Recording of Vacations. All approved plat vacations shall be recorded in accordance with PMC § 18.115.100 and the following procedures:
E.
After Sale of Lots. When lots have been sold, the plat may be vacated only in the manner herein, and provided that all of the owners of lots within the platted area consent in writing to the plat vacation.
F.
Vacation of Streets. All street vacations shall comply with the procedures and standards set forth in ORS Division 271.
(Ord. 720 § 7[4.3.200], 2003)
§ 18.115.120 Lot line adjustments.
Lot line adjustments include the consolidation of lots, and the modification of lot boundaries, when no new lots are created. The application submission and approvals process is as follows:
A.
Submission Requirements. All applications for lot line adjustment shall be made on forms provided by the city and shall include information required for a Type I application, as governed by PMC § 18.105.030. The application shall include a preliminary lot line map identifying:
1.
All existing and proposed lot lines and dimensions;
2.
Footprints and dimensions of existing structures (including accessory structures);
3.
Location and dimensions of driveways and public and private streets within or abutting the subject lots;
4.
Location of significant vegetation as defined and mapped in PMC § 18.70.020(B) and (C);
5.
Existing fences and walls; and
6.
Any other information deemed necessary by the planning official for ensuring compliance with city codes.
B.
Approval Process.
1.
Decision-Making Process. Lot line adjustments shall be reviewed by means of a Type I procedure, as governed by PMC § 18.105.030, using approval criteria contained in subsection (C) of this section.
2.
Time Limit on Approval. The lot line adjustment approval shall be effective for a period of one year from the date of approval, during which time it must be recorded.
3.
Lapsing of Approval. The lot line adjustment approval shall lapse if:
a.
The lot line adjustment is not recorded within the time limit in subsection (B)(2) of this section;
b.
The lot line adjustment has been improperly recorded with Benton County without the satisfactory completion of all conditions attached to the approval; or
c.
The final recording is a departure from the approved plan.
C.
Approval Criteria. The planning official shall approve or deny a request for a lot line adjustment in writing based on findings that all of the following criteria are satisfied:
1.
No additional parcel or lot is created by the lot line adjustment; however, the number of lots or parcels may be reduced;
2.
Lot Standards. All lots and parcels comply with the applicable lot standards of the land use district (Division 2) including lot area and dimensions;
3.
Access. All lots and parcels comply with the standards or requirements of Chapter 18.65 PMC, Access and Circulation; and
4.
Setbacks. The resulting lots, parcels, tracts, and building locations comply with the standards of the land use district (Division 2).
D.
Exemptions from Dedications and Improvements. A lot line adjustment is not considered a development action for purposes of determining whether right-of-way dedication or improvement is required.
E.
Recording Lot Line Adjustments. The applicant shall submit the copy of the recorded lot line adjustment survey map to the city within 15 days of recording and prior to the issuance of any building permits on the reconfigured lots.
F.
Extension. The city 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 city;
2.
The applicant can show intent of recording the approved partition or lot line adjustment within the one-year extension period;
3.
There have been no changes in the applicable code or plan provisions on which the approval was based. In the case where the lot line adjustment conflicts with a code change, the extension shall be denied; and
4.
The extension request is made before expiration of the original approved plan.
(Ord. 720 § 7[4.3.210], 2003)
§ 18.120.010 Purpose.
There are certain uses that, due to the nature of their impacts on surrounding land uses and public facilities, require a case-by-case review and analysis. These are identified as "conditional uses" in Division 2, Land Use Districts. The purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met.
(Ord. 720 § 7[4.4.1], 2003)
§ 18.120.020 Approvals process.
A.
Initial Application. An application for a new conditional use shall be processed as a Type III procedure (PMC § 18.105.050). The application shall meet submission requirements in PMC § 18.120.030, and the approval criteria contained in PMC § 18.120.040.
(Ord. 720 § 7[4.4.2], 2003)
§ 18.120.030 Application submission requirements.
In addition to the submission requirements required in Chapter 18.105 PMC, an application for conditional use approval must include the following information (subsections (A) through (H) of this section), as applicable. For a description of each item, please refer to PMC § 18.110.050, Site design review – Application submission requirements:
A.
Existing site conditions;
B.
Site plan;
C.
Preliminary grading plan;
D.
A landscape plan;
E.
Architectural drawings of all structures;
F.
Drawings of all proposed signs;
G.
A copy of all existing and proposed restrictions or covenants;
H.
Narrative report or letter documenting compliance with all applicable approval criteria in PMC § 18.120.040.
(Ord. 720 § 7[4.4.3], 2003)
§ 18.120.040 Criteria, standards and conditions of approval.
The city shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following standards and criteria:
A.
Use Criteria.
1.
The site size, dimensions, location, topography and access are adequate for the needs of the proposed use, considering the proposed building mass, parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations;
2.
The negative impacts of the proposed use on adjacent properties and on the public can be mitigated through application of other code standards, or other reasonable conditions of approval; and
3.
All required public facilities have adequate capacity to serve the proposal.
B.
Site Design Standards. The criteria for site design review approval (PMC § 18.110.060) shall be met.
C.
Conditions of Approval. The city may impose conditions that are found necessary to ensure that the use is compatible with other uses in the vicinity, and that the negative impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions include, but are not limited to, the following:
1.
Limiting the hours, days, place and/or manner of operation;
2.
Requiring site or architectural design features which minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor and/or dust;
3.
Requiring larger setback areas, lot area, and/or lot depth or width;
4.
Limiting the building height, size or lot coverage, and/or location on the site;
5.
Designating the size, number, location and/or design of vehicle access points or parking areas;
6.
Requiring street right-of-way to be dedicated and street(s), sidewalks, curbs, planting strips, pathways, or trails to be improved;
7.
Requiring landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas;
8.
Limiting the number, size, location, height and/or lighting of signs;
9.
Limiting or setting standards for the location, design, and/or intensity of outdoor lighting;
10.
Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance;
11.
Requiring and designating the size, height, location and/or materials for fences;
12.
Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources, and/or sensitive lands (Chapter 18.85 PMC);
13.
Requiring the dedication of sufficient land to the public in accordance with adopted plans and standards, and/or construction of pedestrian, bicycle, and transit-related facilities in accordance with the adopted plans.
(Ord. 720 § 7[4.4.4], 2003; Ord. 737 § 1, 2006; Ord. 832 § 23, 2018)
§ 18.120.050 Additional development standards for conditional use types.
A.
Concurrent Variance Application(s). A conditional use permit shall not grant variances to regulations otherwise prescribed by the development code. Variance application(s) may be filed in conjunction with the conditional use application and both applications may be reviewed at the same hearing.
B.
Additional Development Standards. Development standards for specific uses are contained in Division 2, Land Use Districts.
(Ord. 720 § 7[4.4.5], 2003)
§ 18.120.060 Additional development standards for RV parks.
In addition to the satisfying the general criteria in PMC § 18.120.040, the applicant for an RV park must demonstrate that: (1) there is an unmet need in the city for the proposed RV park; and (2) the proposed RV park is among the preferred options to meet that need for the city.
(Ord. 848 § 2, 2021)
§ 18.125.010 Purpose.
A.
Purpose. The purposes of this chapter are to:
1.
Implement the development standards of Division 2 of this title, by providing a means for master planning large development sites;
2.
Encourage innovative planning that results in more mixed-use development, improved protection of open spaces, and greater housing and transportation options;
3.
Encourage developments that recognize the relationship between buildings, their use, open space, and transportation options, providing varied opportunities for innovative and diversified living environments;
4.
Facilitate the efficient use of land;
5.
Promote an economic arrangement of land use, buildings, circulation systems, open space, and utilities;
6.
Preserve to the greatest extent possible the existing landscape features and amenities that may not otherwise be protected through conventional development;
7.
Encourage energy conservation and improved air and water quality.
(Ord. 720 § 7[4.5.100], 2003; Ord. 737 § 1, 2006)
§ 18.125.020 Applicability.
The master planned development designation is an overlay zone that may be applied over any of the city's land use districts. An applicant may elect to develop a project as a master planned development in compliance with the requirements of this chapter. In addition, the city may require that the following types of development be processed using the provisions of this chapter:
(Ord. 720 § 7[4.5.110], 2003; Ord. 737 § 1, 2006)
§ 18.125.030 Review and approvals process.
B.
Approval Process.
1.
The master planned development (PD) overlay zone and concept plan shall be reviewed together using the Type III procedure in PMC § 18.105.050, the submission requirements in PMC § 18.125.070, and the approval criteria in PMC § 18.125.080.
2.
The detailed development plan shall be reviewed using the Type III procedure in PMC § 18.105.050, to ensure substantial compliance with the approved concept plan.
3.
Preliminary subdivision plats and site design review applications for approved planned developments shall be reviewed using a Type II procedure, as governed by PMC § 18.105.040.
(Ord. 720 § 7[4.5.120], 2003)
§ 18.125.040 Allowed uses.
A.
Residential District(s). In the residential district the following uses are allowed outright when they are included in an approved master planned development:
1.
All uses allowed outright in the underlying land use district (Division 2);
2.
Single-family detached and attached residential units;
3.
Duplex and triplex residential units;
4.
Multifamily residential units;
5.
Manufactured homes;
6.
Neighborhood commercial uses;
7.
Public uses, as determined during master plan review;
8.
Indoor recreation facility; athletic club, fitness center, racquetball court, swimming pool, tennis court or similar use;
9.
Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court, or similar use; and
10.
Recreational vehicle storage area;
B.
Commercial Districts. In the commercial district, all of the uses permitted outright in the district are allowed within a master planned development. In addition, the ground-floor restriction on residential uses on individual city blocks shall not apply if ground floor residential uses occupy no more than 50 percent of the ground-floor space in the entire development (i.e., all blocks).
C.
Industrial Districts. In industrial districts, a planned development shall contain only those uses allowed outright in the underlying district.
(Ord. 720 § 7[4.5.130], 2003)
§ 18.125.050 Applicability of land use district standards (Division 2).
A.
Land Use District Standards. Master planned developments shall conform to the provisions of the underlying land use district, except as modified by this chapter.
B.
More Than One Overlay Zone. When more than one overlay zone applies to the development, and standards conflict between the overlay zones, the more restrictive standards shall apply (i.e., those which afford the greatest protection to identified resources and amenities, compatibility between land uses, etc.).
(Ord. 720 § 7[4.5.140], 2003)
§ 18.125.060 Applicability of design standards (Division 3).
§ 18.125.070 Overlay zone and concept plan submission.
A.
General Submission Requirements. The applicant shall submit an application containing all of the general information required for a Type III procedure, as governed by PMC § 18.105.050. In addition, the applicant shall submit the following:
1.
A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant.
2.
A development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed.
3.
A statement of the applicant's intentions with regards to the future selling or leasing of all or portions of the planned development.
4.
Narrative report or letter documenting compliance with the applicable approval criteria contained in PMC § 18.125.080.
Special studies prepared by qualified professionals may be required by the planning official, planning commission or city council to determine potential traffic, geologic, noise, environmental, natural resource and other impacts, and required mitigation.
B.
Additional Information. In addition to the general information described in subsection (A) of this section, the concept plan, data, and narrative shall include the following exhibits and information:
1.
Existing conditions map, as defined in PMC § 18.110.050, Site design review – Application submission requirements;
2.
Conceptual site plan (e.g., general land use, building envelopes, circulation, open space, utility connections, and other information necessary to convey the concept plan);
3.
Grading concept (for hillside or sloping properties, or where extensive grading is anticipated);
4.
Landscape concept (e.g., shows retention of existing vegetation and general planting areas);
5.
Architectural concept (e.g., information sufficient to describe architectural styles, building heights, and general materials);
6.
Sign concept (e.g., locations, general size, style and materials of signs);
7.
Copy of all existing covenants and restrictions, and general description of proposed restrictions or covenants (e.g., for common areas, access, parking, etc.).
(Ord. 720 § 7[4.5.160], 2003)
§ 18.125.080 Overlay zone and concept plan approval criteria.
The city shall make findings that all of the following criteria are satisfied when approving, or approving with conditions, the overlay zone and concept plan. The city shall make findings that all of the criteria are not satisfied when denying an application:
A.
Comprehensive Plan. All relevant provisions of the comprehensive plan are met;
B.
Land Division Chapter. All of the requirements for land divisions, as applicable, shall be met (Chapter 18.115 PMC);
C.
Division 2 Land Use and Design Standards. All of the land use and design standards contained in Division 2 are met, except as modified in PMC § 18.125.050 and the following provisions for density bonuses:
1.
Density Bonus. The housing density standards shall be determined based on the densities in Division 2. When allowed by the comprehensive plan, the city may authorize a density bonus above the density allowed by Division 2, as an incentive to increase or enhance open space, protect sensitive lands, provide unique architectural character, and/or accomplish other purposes of the district, as identified in PMC § 18.125.010. The density bonus shall not result in the allowable density exceeding 25 percent of the allowable density in Division 2. The criteria in subsections (C)(1)(a) through (C)(1)(d) of this section shall be used in granting density bonuses. The percentage of density bonus granted shall be proportional to the land area used to meet the criteria in subsections (C)(1)(a) through (C)(1)(d) of this section.
a.
A maximum of 115 percent of the density allowed by the district may be approved for the provision of public open space, or protection of natural features in common open space;
b.
A maximum of 105 percent of the density allowed by the district may be approved for streetscape (e.g., parkways or landscaped boulevard) development; plazas, pathways or other pedestrian amenities; or recreation area development;
c.
A maximum of 105 percent of the density allowed by the district may be approved for the protection or enhancement of community views and vistas (e.g., by providing a public view point, parkway, plaza, or open space);
d.
A maximum of 115 percent of the density allowed by the district may be approved for development of affordable housing. Affordable housing is defined as housing affordable to households earning 80 percent of the median household income in Benton County, or less. Such households, on average, do not spend more than 30 percent of their income on housing. Housing prices and/or rents shall be limited to that level through deed restriction for up to 10 years.
D.
Requirements for Common Open Space. Where common open space is designated, the following standards apply:
1.
The open space area shall be shown on the final plan and recorded with the final plat or separate instrument; and
2.
The open space shall be conveyed in accordance with one of the following methods:
a.
By dedication to the city as publicly owned and maintained open space. Open space proposed for dedication to the city must be acceptable to the city council with regard to the size, shape, location, improvement, environmental condition (i.e., the applicant may be required to provide a level one environmental assessment), and budgetary and maintenance abilities;
b.
By leasing or conveying title (including beneficial ownership) to a corporation, home association or other legal entity, with the city retaining the development rights to the property. The terms of such lease or other instrument of conveyance must include provisions (e.g., maintenance, property tax payment, etc.) suitable to the city.
(Ord. 720 § 7[4.5.170], 2003)
§ 18.125.090 Administrative procedures.
A.
Land Use District Map Designation. After a planned development overlay zone has been approved, the land use district map shall be amended in accordance with Chapter 18.130 PMC, to indicate the approved planned development designation for the subject development site. The approval of the planned development overlay zone shall conform to the same time frames as established for all subdivisions.
B.
Time Limit on Filing of Detailed Development Plan. Within one and one-half years after the date of approval of the concept plan, the applicant or his or her successor shall prepare and file with the city a detailed development plan, in conformance with PMC § 18.125.100.
C.
Extension. The city 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 have been made on the original conceptual development plan as approved;
2.
The applicant can show intent of applying for detailed development plan review within the one-year extension period;
3.
There have been no changes to the applicable comprehensive plan policies and ordinance provisions on which the approval was based; and
4.
The extension request is made before expiration of the original approval period.
(Ord. 720 § 7[4.5.180], 2003)
§ 18.125.100 Detailed development plan submission requirements.
The contents of the detailed development plan shall be determined based on the conditions of approval for the concept plan. At a minimum, the detailed development plan shall identify the final proposed location of all lots, tracts, parcels, open space, rights-of-way, building envelopes and other features, prior to approval of a development permit (e.g., land division, development review, site design review, etc.). The detailed development plan shall be reviewed using a Type III procedure.
(Ord. 720 § 7[4.5.190], 2003)
§ 18.125.110 Detailed development plan approval criteria.
The city shall approve the detailed development plan upon finding that the final plan conforms with the concept plan and required conditions of approval. Minor changes to the approved concept plan may be approved with the detailed plan, consistent with the following criteria:
A.
Increased residential densities by no more than 10 percent, when such change conforms to the comprehensive plan;
B.
A reduction to the amount of open space or landscaping by no more than 10 percent;
C.
An increase in lot coverage by buildings or changes in the amount of parking by no more than 10 percent. Greater changes require a major modification (Chapter 18.130 PMC);
D.
No change in land use shall be permitted without approving a major modification to the concept plan (Chapter 18.130 PMC);
E.
No change which places development within environmentally sensitive areas or areas subject to a potential hazard shall be approved without approving a major modification to the concept plan (Chapter 18.130 PMC); and
F.
The location of buildings, proposed streets, parking lot configuration, utility easements, landscaping or other site improvements shall be as proposed on the concept plan, or as modified through conditions of approval. Changes in the location or alignment of these features by more than 30 feet shall require approval of a major modification, in conformance with Chapter 18.130 PMC.
(Ord. 720 § 7[4.5.200], 2003)
§ 18.125.120 Development review and building permit approvals.
Upon receiving detailed development plan approval, the applicant may apply for development review (e.g., land division, development review, site design review, etc.). Building permits shall not be issued until all required development permits have been issued and appeal periods have ended.
C.
Streamlined Review Option. Preliminary subdivision plats and site design review applications for approved master planned developments may be reviewed using a Type II procedure, rather than the conventional Type III procedure. This shall be the applicant's option. The variation from the standard procedures of Chapter 18.110 PMC, Development Review and Site Design Review, and Chapter 18.115 PMC, Land Divisions and Lot Line Adjustments, is intended to streamline review of projects that have received planned development approvals, since those projects have previously been subject to public review and hearings.
(Ord. 720 § 7[4.5.210], 2003)
§ 18.130.010 Purpose.
The purpose of this chapter is to provide an efficient process for modifying land use decisions and approved development plans, in recognition of the cost and complexity of land development and the need to conserve city resources.
(Ord. 720 § 7[4.6.1], 2003)
§ 18.130.020 Applicability.
§ 18.130.030 Major modifications.
A.
Major Modification Defined. The planning official shall determine that a major modification(s) is required if one or more of the changes listed below are proposed:
1.
A change in land use;
2.
An increase in the number of dwelling units;
3.
A change in the type and/or location of access ways, drives or parking areas that affect off-site traffic;
4.
An increase in the floor area proposed for nonresidential use by more than 10 percent where previously specified;
5.
A reduction of more than 10 percent of the area reserved for common open space and/or usable open space;
6.
A reduction to specified setback requirements by more than 10 percent, or to a degree that the minimum setback standards of the land use district cannot be met; or
7.
Changes similar to those listed in subsections (A)(1) through (A)(6) of this section, which are likely to have an adverse impact on adjoining properties.
B.
Major Modification Request. An applicant may request a major modification as follows:
1.
When the planning official determines that the proposed modification is a major modification, the applicant shall submit an application for the major modification.
2.
The modification request shall be subject to the same review procedure (Type I, II, or III) and approval criteria used for the initial project approval, however, the review shall be limited in scope to the modification request. For example, a request to modify a parking lot shall require site design review only for the proposed parking lot and any changes to associated pathways, lighting and landscaping. Notice shall be provided in accordance with the applicable review procedure.
(Ord. 720 § 7[4.6.3], 2003)
§ 18.130.040 Minor modifications.
A.
Minor Modification Defined. Any modification to a land use decision or approved development plan which is not within the description of a major modification as provided in PMC § 18.130.030, or provides for reduced impacts, shall be considered a minor modification.
B.
Minor Modification Request. An application for approval of a minor modification is reviewed using Type II procedure in PMC § 18.105.040. A minor modification shall be approved, approved with conditions, or denied by the planning official based on written findings on the following criteria:
1.
The proposed development is in compliance with all applicable requirements of the development code; and
2.
The modification is not a major modification as defined in PMC § 18.130.030.
(Ord. 720 § 7[4.6.4], 2003; Ord. 734 § 1, 2005)
§ 18.135.010 Purpose.
The purpose of this chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this title and the land use district map. These will be referred to as "map and text amendments." Amendments may be necessary from time to time to reflect changing community conditions, needs and desires, to correct mistakes, or to address changes in the law.
(Ord. 720 § 7[4.7.1], 2003)
§ 18.135.020 Legislative amendments.
Legislative amendments are policy decisions made by city council. They are reviewed using the Type IV procedure in PMC § 18.105.060.
(Ord. 720 § 7[4.7.2], 2003)
§ 18.135.030 Annexations.
A.
Process. The process of annexation of land to the city allows for orderly expansion of the city and for the adequate provision of public facilities and services. The City Charter requires that annexation, and/or extension of city services beyond city boundaries may only be approved by a majority vote of the electorate.
B.
Annexation Filing Deadlines.
1.
Unless mandated by state law, all annexation requests approved by the city council shall be referred to the voters in accordance with the requirements of this title and ORS Division 222.
2.
Annexation elections are scheduled for May and November. Applications for annexation shall be filed with the planning department before 5:00 p.m. on the second Thursday of November for a ballot election in May and before 5:00 p.m. on the second Thursday of May for a ballot election in November.
C.
Requirements for Applications. Applications to the city for initiation of annexation proceedings made by individuals shall be on forms provided by the planning official and shall include the following material:
1.
Written consent to the annexation signed by the requisite number of affected property owners, electors, or both, to dispense with an election within the territory to be annexed, as provided by state law.
2.
A legal description of the property to be annexed.
3.
A map of the area to be annexed, including adjacent city territory.
4.
Sufficient information for city staff to allow for the completion of an impact analysis on existing and future city services including: water, sewer; drainage; transportation and transit; park facilities; and city staffing, including but not limited to police, public works, and city administration.
5.
Sufficient information for city staff to allow for the completion of an impact analysis on community partner services including: school facilities; library services; fire services; and emergency medical services.
a.
If the applicant asks for agency comment before the hearing and no comments are received, capacity will be presumed to exist for that agency.
b.
If the applicant asks for comment before the hearing and the agency comments that there are no capacity concerns, capacity will be conclusive as to that agency.
c.
If the applicant asks for comment before the hearing and the agency comments that capacity does not exist but can exist, the applicant may enter into an agreement with that agency to achieve capacity.
6.
In addition, city staff shall project what additional facilities will be required to serve the development described in the conceptual plan and, if necessary, how such facilities will need to be phased in over time. The application shall provide evidence of the need of the proposal by citing data and statistics that support the annexation.
7.
A statement outlining the method and source of financing required to provide additional facilities.
8.
A conceptual development plan shall be provided by the applicant and shall include the following:
a.
A scale drawing of the site showing: the types and intensities of proposed development; existing streets that will be used for access and those streets that may need to be developed for access; the location of watercourses and other significant natural features; location of existing and necessary extension of public water, sanitary sewer, and storm drain facilities; and, existing uses and zoning on adjacent properties.
b.
The conceptual development plan shall contain sufficient detail on the actual or proposed site uses to allow city staff the opportunity to analyze the development's demand for new public infrastructure systems, as well as assess the impact on existing systems. Staff may develop hypothetical site design scenarios or model development at densities other than those proposed by the applicant to assess impact on public infrastructure.
9.
A statement indicating the type and nature of any comprehensive plan text or map amendments or zoning ordinance or zoning map amendments that may be required to complete the planned development.
10.
The application fee established by the city. In addition to the application fee, the planning official shall require a deposit that is adequate to cover any and all election costs.
D.
Review of Application. City staff shall review the application and it shall be deemed complete if it contains the material required under this section.
E.
Staff Evaluation. City staff shall prepare a report that considers information submitted by the applicant as well as other sources of relevant information including but not limited to master utility plans, regional and local transportation system plans, and population studies. The report shall include an updated land use inventory with the development status of all other similarly zoned properties. From this information, a finding shall be made that the city has the capacity to provide required utility services in light of commitments already made to other approved developments. The staff evaluation of the application will endeavor to present a report for the public and review bodies that factually evaluate the proposal and may or may not agree with response information provided by the applicant. An annexation request including a future residential development shall be evaluated by city staff at its maximum possible density.
F.
Review Criteria. Annexations shall be reviewed by city staff to assure consistency with the purposes of this chapter, policies of the comprehensive plan, all requirements of all city ordinances, and other applicable policies and standards adopted by the city council and state of Oregon. In addition, a finding shall be made that the city is capable of providing services to the subject property(ies) commensurate with the needs of existing approved and proposed developments. Specifically, all applications for annexation must satisfy the following criteria:
1.
Property to be annexed must be located entirely within the urban growth boundary (UGB) of the city.
2.
Property to be annexed is, or upon annexation will be, subject to the city's comprehensive plan.
3.
At least one lot or parcel of the property to be annexed must be contiguous to the city limits or separated from the city limits only by a public right-of-way or a body of water.
4.
Annexation of the property must be of benefit to the city and community of Philomath.
5.
If the property to be annexed is or has been zoned or used for industrial or agricultural purposes, an inventory of known contaminants and how they will be abated by the applicant must be provided with the application for annexation at the time the application is filed.
6.
If the property to be annexed is or has been zoned or used for industrial or agricultural purposes, a Phase I environmental assessment by a certified company shall be performed prior to annexation.
7.
When property to be annexed exceeds 30 acres of developable land, development of the land must occur in phases, as specified in an annexation agreement between the applicant and the city.
8.
Properties that include existing development must have a safe pedestrian route to school within 18 months of annexation.
Any review criteria that cannot be satisfied at the time the application is filed with the city may be satisfied through an annexation agreement between the applicant and the city. Annexation agreements shall be filed with the Benton County recorder and shall run with the land.
G.
Concurrent Application for comprehensive plan map or zoning map amendments. Application(s) for comprehensive plan map and/or zoning map amendments may be made concurrent with an application for annexation of territory. City approval of map amendments may be made contingent upon approval of the annexation.
H.
Annexation by Consent of All Owners of Land. When all the owners of land in the territory to be annexed consent in writing to the annexation of their land in the territory and file a statement of their consent with the city, the following procedures shall apply:
1.
The planning commission shall hold at least one public hearing on the annexation request.
2.
Application for said annexation must be filed, with payment of the appropriate fee, not less than 30 days prior to the date of the public hearing.
3.
Notice of the public hearing(s) shall be:
a.
In accordance with the notification requirements of a Type IV (legislative) procedure as required in PMC § 18.105.060(D)(1); and
b.
Written notice of a requested annexation shall be mailed to all owners of the property not less than 20 days prior to the date of the hearing. If the property to be annexed is less than five acres, notice shall be mailed to all owners within 250 feet of the exterior boundary of the subject property. If the property to be annexed is greater than five acres, notice shall be mailed to all owners within 400 feet of the exterior boundary of the subject property.
c.
In those instances where an approved annexation would create an island of unincorporated property, those affected property owners shall be notified of this potential.
4.
The public hearing shall be conducted according to the requirements established for Type IV applications.
5.
Should the public hearing be continued to a specific date by oral pronouncement prior to the closing of such hearing, such pronouncement shall serve as sufficient notice of such continuance to all applicants, adverse parties, and interested persons.
6.
Within 45 days following the public hearing, unless a continuance is announced, the com-mission shall make specific findings of fact. Based on the findings, the commission shall render a decision which shall recommend either that the application be approved and submitted to the voters at the next available election according to the requirements above, or be denied.
a.
If the commission recommends that the application meets the applicable criteria, the commission shall transmit to the council a copy of the application, a scale drawing of the site, the minutes of the public hearing, a tape recording of the meeting, the decision and findings of the commission, and any other materials deemed necessary for a decision by the council.
b.
If the commission recommends that the application be denied, no further proceedings shall be held by either the commission or council, unless an appeal of the commission's decision is filed by the applicant or by an interested party within 14 calendar days of the commission's decision.
7.
Upon receipt of the commission's recommendation of approval, the council shall call for a public hearing on the proposed annexation subject to the notice requirements for a Type IV application.
8.
In the event of an appeal of a planning commission decision, the council shall hold a public hearing following the procedures in a Type IV application.
I.
Annexation by Nonunanimous Triple Majority Consent Petition. When more than half, but not all, of the owners of land in the territory to be annexed who also own more than half of the land in the contiguous territory and of real property therein representing more than half of the assessed value of all real property in the contiguous territory consent in writing to the annexation of their land in the territory, the following procedures shall apply:
1.
The planning commission shall hold at least one public hearing on the annexation request.
2.
Application for the annexation must be filed, with payment of the appropriate fee, not less than 30 days prior to the date of the public hearing.
3.
Notice of the public hearing(s) shall be:
a.
In accordance with the notification requirements of a Type IV (legislative) procedure as required in PMC § 18.105.060(D)(1); and
b.
Written notice of a requested change shall be mailed to all owners of the property not less than 20 days prior to the date of the hearing. If the property to be annexed is less than five acres, notice shall be mailed to all owners within 250 feet of the exterior boundary of the subject property. If the property to be annexed is greater than five acres, notice shall be mailed to all owners within 400 feet of the exterior boundary of the subject property.
c.
In those instances where an approved annexation would create an island of unincorporated property, those affected property owners shall be notified of this potential.
4.
The public hearing shall be conducted according to the requirements established for a Type IV application.
5.
Should the public hearing be continued to a specific date by oral pronouncement prior to the close of such hearing, such pronouncement shall serve as sufficient notice of such continuance to all applicants, adverse parties, and interested persons.
6.
Within 45 days following the public hearing, unless a continuance is announced, the commission shall make specific findings of fact. Based on the findings, the commission shall render a decision that shall recommend either that the application be approved and submitted to the voters at the next available election according to the requirements of subsection (I)(7) of this section, or denied.
7.
If the commission recommends that the application be granted and set for the election, the commission shall transmit to the council a copy of the application, a scale drawing of the site, the minutes of the public hearing, a tape recording of the meeting, the decision and findings of the commission, and any other materials deemed necessary for a decision by the council.
8.
If the commission recommends that the application be denied, no further proceedings shall be held by either the commission or council, unless an appeal of the commission's decision is filed by the applicant or by an interested party within 14 calendar days of the commission's decision.
9.
Upon receipt of the commission's recommendation of approval, the council shall call for a public hearing on the proposed subject to the notice requirements stated for a Type IV application.
10.
In the event of an appeal of a planning commission decision, the council shall hold a public hearing following the procedures for a Type IV application.
J.
Findings and Decision. In the event the city council holds a public hearing on an annexation request, the city council may adopt the planning commission findings for approval or denial of the annexation, supplement the record as appropriate in the circumstances, or reject the findings of the planning commission and adopt new findings.
K.
Health Hazard Annexation. The city shall annex those areas constituting a health hazard in accordance with Oregon Revised Statutes, taking into consideration the ability of the city to provide necessary services. Annexation of areas constituting a health hazard are not subject to voter approval.
L.
Island Annexation. The following policies are adopted for island annexations:
1.
The city shall attempt not to create islands of unincorporated territory within the corporate limits of the city. If such an island is created, the city council may set a time for a public hearing for the purpose of determining if the annexation should be submitted to the voters.
2.
Written notice to property owners by first class mail will be made prior to annexation to allow for property owner responses. Failure to receive notice shall not in any way invalidate the annexation procedure that may be subsequently undertaken by the city.
3.
Annexation of an island shall be by ordinance, subject to approval by the voting majority of the electorate.
M.
Comprehensive Plan and Zoning Designations.
1.
The comprehensive plan map designation of the property at the time of annexation shall be used as a criterion to determine whether or not the proposed request complies with the Philomath comprehensive plan. A redesignation of the comprehensive plan map may be requested concurrent with annexation. The proposed redesignation shall then be used to determine compliance with the Philomath comprehensive plan.
2.
Simultaneous application for annexation and a zone change is allowed; provided, that the zone change ordinance does not take effect until and unless the property is properly annexed to the city and incorporated within the city limits.
N.
Information on Proposed Annexation. The city newsletter shall be used to present an applicant's conceptual plan along with a summary of the city staff's analysis of the development's impact on public infrastructure. Other information to be presented shall include a vicinity map, size of the property, its current zoning and zoning upon annexation, a description of any comprehensive plan text or map amendment or zoning ordinance text or map amendment that is required and any other information that may assist in the explanation of the proposal. Annexation information in the city newsletter and on the election ballot shall include the following disclaimer statement:
The conceptual plan associated with this annexation request may change. Any development proposal on this property shall require review and approval by the planning commission at a public hearing. Any future owner of this property who may propose a different development plan must pass through the same plan review process and public hearing. The city is not speaking in favor or against this conceptual plan. |
Annexation requests submitted by the city are not required to contain a disclaimer statement.
O.
Election Procedures.
1.
Pursuant to ORS 222.130(1), the statement of chief purpose in the ballot title for a proposal for annexation shall contain a general description of the boundaries of each territory proposed to be annexed. The description shall use streets and other generally recognized features. Notwithstanding ORS 250.035, the statement of chief purpose shall not exceed 150 words.
2.
Pursuant to ORS 222.130(2), the notice of an annexation election shall be given as provided in ORS 254.095, except that in addition the notice shall contain a map indicating the boundaries of each territory proposed to be annexed.
3.
Pursuant to ORS 222.111(7), two or more proposals for annexation of territory may be voted upon simultaneously; however, each proposal shall be stated separately on the ballot and voted on separately.
P.
Setting of Boundaries and Proclamation of Annexation. If the annexation is approved, the city council, by resolution or ordinance, shall set the final boundaries of the area to be annexed by a legal description and proclaim the annexation (ORS 222.170(3)).
Q.
Submission of Annexation Reports. The city shall report all changes in the boundaries of the city to the county clerk, county assessor, and the state of Oregon as required by Oregon Revised Statutes.
R.
Exceptions. The city council may authorize an exception to any of the requirements of this section. An exception shall require a favorable vote of six or more council members and findings that indicate the basis for the exception. Any exception so approved shall not be in violation of state law or any applicable provisions of the City Charter.
S.
Zoning of Annexed Areas. The city council shall designate all areas annexed to the city with a zone or zones. The city council shall provide notice in accordance with a Type IV application and conduct a public hearing prior to designating city zoning for annexed property. Designation of areas annexed by the city shall be subject to one of the following procedures:
1.
If the proposed zoning designation corresponds to the comprehensive plan map designation for the property being annexed, the city council shall conduct a public hearing on the proposed zoning designation for the affected property. Notice for the hearing shall be provided for in accordance with a Type IV application. Following the public hearing, the city council shall adopt an ordinance that assigns the zoning designation for the affected property.
2.
If the proposed zoning designation does not correspond to the comprehensive plan map designation for the property being annexed, the proposal shall be reviewed by the planning commission as a comprehensive plan map amendment and zoning map designation pursuant to a Type IV application. Following planning commission review, the city council shall conduct a public hearing. Following the hearing, the city shall adopt an ordinance that designates the zoning of the affected properties, adopts approved amendments to the comprehensive plan map, if necessary.
3.
The city may approve a comprehensive plan map amendment and/or zone designation for property prior to annexation and may specify that the plan map amendment and zone designation shall not become final unless the property is annexed to the city within a specified time.
T.
The city is under no obligation to condemn, exercise eminent domain, or pay for the extension of services to an annexed property.
(Ord. 720 § 7[4.7.3], 2003; Ord. 833 §§ 12 – 15, 2018; Ord. 842 §§ 1 – 3, 2020)
§ 18.135.040 Record of amendments.
The planning official shall maintain a record of amendments to the text of this title and the land use districts map in a format convenient for public use.
(Ord. 720 § 7[4.7.4], 2003)
§ 18.135.050 Transportation planning rule compliance.
When a development application includes a proposed comprehensive plan amendment or land use regulation (including land use district) change, the proposal shall demonstrate it is consistent with the adopted transportation system plan and the planned function, capacity, and performance standards of the impacted facility or facilities. Proposals shall be reviewed to determine whether they significantly affect a transportation facility pursuant to Oregon Administrative Rule (OAR) 660-012-0060 (Transportation Planning Rule – TPR). Where it is found that a proposed amendment would have a significant effect on a transportation facility in consultation with the applicable roadway authority, the city shall work with the roadway authority and applicant to modify the request or mitigate the impacts in accordance with the TPR and applicable law.
(Ord. 720 § 7[4.7.5], 2003; Ord. 832 § 25, 2018)
§ 18.140.010 Purpose.
Some terms or phrases within the code may have two or more reasonable meanings. This section provides a process for resolving differences in the interpretation of the code text.
(Ord. 720 § 7[4.8.1], 2003)
§ 18.140.020 Code interpretation procedure.
A.
Requests. A request for a code interpretation shall be made in writing to the planning official, specifying the issue in question and providing the applicant's understanding of that provision.
B.
Decision to Issue Interpretation. The planning official shall have the authority to review a request for an interpretation. The planning official shall advise the requester in writing within 14 days after the request is made on whether or not the city will issue the requested interpretation.
C.
Declining Requests for Interpretations. The planning official is authorized to issue or decline to issue a requested interpretation. Basis for declining may include, but is not limited to, a finding that the subject code section affords only one reasonable interpretation and the interpretation does not support the request. The planning official's decision to issue or decline to issue an interpretation is final when the decision is mailed to the party requesting the interpretation and the decision is not subject to any further local appeal.
D.
Written Interpretation. If the planning official decides to issue an interpretation, it shall be issued in writing and shall be mailed or delivered to the person requesting the interpretation and any other person who specifically requested a copy of the interpretation. The written interpretation shall be issued within 14 days after the city advises the requester that an interpretation shall be issued. The decision shall become effective 14 days later, unless an appeal is filed in accordance with subsections (E) through (G) of this section.
E.
Appeals. The applicant and any party who received such notice or who participated in the proceedings through the submission of written or verbal evidence of an interpretation may appeal the interpretation to the planning commission within 14 days after the interpretation was mailed or delivered to the applicant. The appeal may be initiated by filing a notice of appeal with the planning official on appropriate form and payment of the applicable fee.
F.
Appeal Procedure. City council shall hear all appeals of a planning commission interpretation as a Type III action pursuant to PMC § 18.105.050, except that written notice of the hearing shall be provided to the applicant, any other party who has filed a notice of appeal, and any other person who requested notice.
G.
Final Decision/Effective Date. The decision of the city council on an appeal of an interpretation shall be final and effective when it is mailed to the applicant. If an appeal of the city council's decision is filed, the decision remains effective unless or until it is modified by the land use board of appeals or a court of competent jurisdiction.
H.
Interpretations on File. The planning official shall keep on file a record of all code interpretations.
(Ord. 720 § 7[4.8.2], 2003)
§ 18.145.010 Temporary use permits.
Temporary uses are characterized by their short-term or seasonal nature and by the fact that permanent improvements are not made to the site. Temporary uses include, but are not limited to: construction trailers, leasing offices, temporary carnivals and fairs, parking lot sales, retail warehouse sales, and seasonal sales such as Christmas tree sales and vegetable stands. Three types of temporary uses require permit approval (See subsections (A) through (C) of this section):
A.
Seasonal and Special Events. These types of uses occur only once in a calendar year and for no longer a period than 30 days. Using the Type II procedure under PMC § 18.105.040, the city shall approve, approve with conditions or deny a temporary use permit based on findings that all of the following criteria are satisfied:
1.
The use is permitted in the underlying land use district and does not violate any conditions of approval for the property (e.g., prior development permit approval);
2.
The applicant has proof of the property owner's permission to place the use on his/her property;
3.
No parking will be utilized by customers and employees of the temporary use which is needed by the property owner to meet their minimum parking requirement under Chapter 18.75 PMC, Vehicle and Bicycle Parking;
4.
The use provides adequate vision clearance, as required by PMC § 18.65.020, and shall not obstruct pedestrian access on public streets;
5.
Ingress and egress are safe and adequate when combined with the other uses of the property; as required by PMC § 18.65.020, Vehicular access and circulation;
6.
The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare or lights that affect an adjoining use in a manner which other uses allowed outright in the district do not affect the adjoining use; and
7.
The use is adequately served by sewer or septic system and water, if applicable. (The applicant shall be responsible for obtaining any related permits.)
B.
Temporary Sales Office or Model Home. Using a Type II procedure under PMC § 18.105.040, the city may approve, approve with conditions or deny an application for the use of any real property within the city as a temporary sales office, offices for the purpose of facilitating the sale of real property, or model home in any subdivision or tract of land within the city, but for no other purpose, based on the following criteria:
C.
Temporary Building. Using a Type II procedure, as governed by PMC § 18.105.040, the city may approve, approve with conditions or deny an application for a temporary trailer or prefabricated building for use on any real commercial or industrial property within the city as a temporary commercial or industrial office or space associated with the primary use on the property, but for no other purpose, based on following criteria:
1.
The temporary trailer or building shall be located within the boundaries of the parcel of land on which it is located;
2.
The primary use on the property to be used for a temporary trailer is already developed;
3.
Ingress and egress are safe and adequate when combined with the other uses of the property; as required by PMC § 18.65.020, Vehicular access and circulation;
4.
There is adequate parking for the customers or users of the temporary use as required by Chapter 18.75 PMC, Bicycle and Vehicle Parking.
5.
The use will not result in vehicular congestion on streets;
6.
The use will pose no hazard to pedestrians in the area of the use;
7.
The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare or lights that affect an adjoining use in a manner which other uses allowed outright in the district do not affect the adjoining use; and
8.
The building complies with applicable building codes;
9.
The use can be adequately served by sewer or septic system and water, if applicable. (The applicant shall be responsible for obtaining any related permits); and
10.
The length of time that the temporary building will be used does not exceed six months. When a temporary building exceeds this time frame, the applicant shall be required to remove the building, or renew the temporary use permit.
(Ord. 720 § 7[4.9.1], 2003)
§ 18.145.020 Home occupation permits.
The purpose of this section is to encourage those who are engaged in small commercial ventures that could not necessarily be sustained if it were necessary to lease commercial quarters or which, by the nature of the venture, are appropriate in scale and impact to be operated within a residence. Home occupations are encouraged for their contribution in reducing the number of vehicle trips often generated by conventional businesses. They are permitted by right in all residential dwellings, subject to the following standards:
A.
Appearance of Residence.
1.
The home occupation shall be restricted to lawfully built enclosed structures and be conducted in such a manner as not to give an outward appearance of a business.
2.
The home occupation shall not result in any structural alterations or additions to a structure that will change its primary use or building code occupancy classification.
3.
The home occupation shall not violate any conditions of development approval (i.e., prior development permit approval).
4.
No products and or equipment produced or used by the home occupation may be displayed to be visible from outside any structure.
B.
Storage.
1.
Outside storage, visible from the public right-of-way or adjacent properties, is prohibited.
2.
On-site storage of hazardous materials (including toxic, explosive, noxious, combustible or flammable) beyond those normally incidental to residential use is prohibited.
3.
Storage of inventory or products and all other equipment, fixtures, and activities associated with the home occupation shall be allowed in any structure.
C.
Employees.
1.
Other than family members residing within the dwelling located on the home occupation site, there shall be no more than one full-time equivalent employee at the home occupation site at any given time. As used in this chapter, the term "home occupation site" means the lot on which the home occupation is conducted.
2.
Additional individuals may be employed by or associated with the home occupation, so long as they do not report to work or pick up/deliver at the home.
3.
The home occupation site shall not be used as a headquarters for the assembly of employees for instruction or other purposes, including dispatch to other locations.
D.
Advertising and Signs. Signs shall comply with PMC § 18.95.030. In no case shall a sign exceed the residential district standards.
E.
Vehicles, Parking and Traffic.
1.
One commercially licensed vehicle associated with the home occupation is allowed at the home occupation site. It shall be of a size that would not overhang into the public right-of-way when parked in the driveway or other location on the home occupation site.
2.
There shall be no more than three commercial vehicle deliveries to or from the home occupation site daily. There shall be no commercial vehicle deliveries during the hours of 10:00 p.m. to 7:00 a.m.
3.
There shall be no more than one client or customer vehicle at any one time and no more than eight per day at the home occupation site.
G.
Prohibited Home Occupation Uses.
1.
Any activity that produces radio or TV interference, noise, glare, vibration, smoke or odor beyond allowable levels as determined by local, state or federal standards, or that can be detected beyond the property line is prohibited.
2.
Any activity involving on-site retail sales is prohibited, except that the sale of items that are incidental to a permitted home occupation is allowed. For example, the sale of lesson books or sheet music from music teachers, art or craft supplies from arts or crafts instructors, computer software from computer consultants, and similar incidental items for sale by home business are allowed subject to subsections (A) through (F) of this section.
3.
Any uses described in this section or uses with similar objectionable impacts because of motor vehicle traffic, noise, glare, odor, dust, smoke or vibration, such as, but not limited to:
H.
Enforcement. The planning official or designee may visit and inspect the site of home occupations in accordance with this chapter periodically to insure compliance with all applicable regulations, during normal business hours, and with reasonable notice. Code violations shall be processed in accordance with Chapter 18.20 PMC, Enforcement.
(Ord. 720 § 7[4.9.2], 2003; Ord. 734 § 1, 2005; Ord. 737 § 1, 2006)