An application shall be processed under a Type I, II, III or IV procedure. The differences between the procedures are associated with the different nature of the decisions as described in Chapter 17.12.

When an application and proposed development is submitted, the Director shall determine the type of procedure the Code specifies for its processing and the potentially affected agencies.

If a development proposal requires an applicant to file a land use application with the City (e.g. a design review application) and if there is a question as to the appropriate procedure to guide review of the application (e.g. a Type II versus a Type III design review process), the question will be resolved in favor of the lower type number.

If a development proposal requires an applicant to file more than one land use application with the City (e.g. a design review application and a variance) and if the development code provides that the applications are to be reviewed under separate types of procedures (e.g. a Type II design review and a Type III variance):

The Director shall elevate all of the required applications to the highest number procedure for review (e.g. the Type II design review application would be reviewed by the Planning Commission along with the Type III variance).

(Ord. No. 2022-07, § 2(Exh. B), 5-2-2022; Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

The Director shall be responsible for the coordination of the permit application and decision-making procedure and shall issue any necessary permits to an applicant whose application and proposed development is in compliance with the provisions of this Code. Sufficient information shall be submitted to resolve all determinations that require furnishing notice to persons other than the applicant.

(Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

A pre-application conference is required for all Type II, III, and IV applications unless the Director determines a conference is not needed. A request for a pre-application conference shall be made on the form provided by the City and will be scheduled following submittal of required materials and payment of fees. The purpose of the preapplication conference is to acquaint the applicant with the substantive and procedural requirements of the Code, provide for an exchange of information regarding applicable elements of the Comprehensive Plan and development requirements, and to otherwise identify policies and regulations that create opportunities or pose significant constraints for the proposed development. The Director will provide the applicant with notes from the pre-application conference typically within ten working days of the pre-application conference. These notes may include confirmation of the procedures to be used to process the application, a list of materials to be submitted, and the applicable code sections and criteria that may apply to the application. Any opinion expressed by the Director or City staff during a pre-application conference regarding substantive provisions of the City's code is advisory and is subject to change upon official review of the application.

(Ord. No. 2022-07, § 2(Exh. B), 5-2-2022; Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

Unless otherwise specified in this Code, an application shall consist of the materials specified in this section, plus any other materials required by this Code.

A.

A completed application form and payment of fees.

B.

List and two sets of mailing labels of persons entitled to notice, pursuant to Chapter 17.22.

C.

An explanation of intent, stating the nature of the proposed development, reasons for the request, pertinent background information, information required by the Development Code and other material that may have a bearing in determining the action to be taken.

D.

Proof that the applicant is the owner of the property, that the applicant has the consent of all parties in ownership of the affected property, the applicant is the contractual owner, or the applicant is an entity with condemnation authority.

E.

Legal description of the property affected by the application.

F.

Written narrative addressing applicable code chapters and approval criteria.

G.

Vicinity Map showing site in relation to local and collector streets, plus any other significant features in the nearby area.

H.

Site plan of proposed development. The site plan shall be drawn at an approved engineering scale (e.g., 1"=100'; 1"=50'; 1"=20'; or 1"=10') and shall include the applicant's entire property including:

1.

Dimensions of the property;

2.

Proposed building location;

3.

Easements of record;

4.

Parcel boundaries;

5.

Driveway location;

6.

Contour lines at the following minimum intervals;

a.

Two foot intervals for slopes zero percent—14.9 percent.

b.

Five foot or ten foot intervals for slopes between 15 percent—25 percent.

c.

Identification of areas exceeding 25 percent.

7.

Flood and Slope Hazard Overlay District boundaries;

8.

Drainage, including adjacent lands;

9.

Natural hazard areas, including potential flood or high ground water, landslides, erosion, drainage ways, and weak foundation soils;

10.

Marsh or wetland areas, underground springs, wildlife habitat areas, including those areas detailed in DSL's Statewide Wetlands Inventory and ODFW's Conservation Opportunity Areas maps, wooded areas, and surface features such as earth mounds and large rock outcroppings;

11.

Streams and stream corridors;

12.

Location of trees 11-inches or greater DBH (6-inches or greater DBH in FSH Overlay District);

13.

Additional information necessary to properly evaluate the proposal, including soils, geology, hydrologic study, photometric analysis, etc., unless waived by the Director. The requirement for additional information shall be communicated to the applicant during the pre-application conference or prior to the application being deemed complete.

I.

Number of Copies to be Submitted:

1.

One digital copy of all items listed above;

2.

Two hard copies of all plans and elevations.

The Director may vary the quantity of materials to be submitted as deemed necessary, provided the required quantity is communicated to the applicant during the pre-application conference or prior to the application being deemed complete.

(Ord. No. 2022-07, § 2(Exh. B), 5-2-2022; Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

A.

Acceptance. When an application is received by the City, the Director or designee shall determine whether the following essential items are present. If the following items are not present, the application shall not be accepted by the City and it shall be returned to the applicant:

1.

The required form;

2.

The required fee;

3.

The signature of the applicant on the required form and signed written authorization of the property owner or other entity described in Subsection 17.18.30.D. if the applicant is not the owner.

B.

Completeness Review. After an application is accepted, the Director or designee shall review the application for completeness. If the application is incomplete, the Director or designee shall notify the applicant in writing of what information is missing within 30 days of receipt of the application, except for expedited land divisions pursuant to Section 17.18.120, and allow the applicant to submit the missing information.

C.

Application deemed complete for review. In accordance with the application submittal requirements, the application shall be deemed complete upon the receipt by the Director or designee of:

1.

All of the missing information identified by the Director; or

2.

Some of the missing information and written notice that no other information will be provided to the City; or

3.

Written notice that none of the missing information will be provided to the City.

D.

Application void. On the 181st day after first being submitted, including expedited land divisions, the application is void if the Director has notified the applicant of missing information and the applicant has not responded as described in subsection C.1., C.2., or C.3., above.

(Ord. No. 2022-07, § 2(Exh. B), 5-2-2022; Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

After accepting an application as complete, the Director shall:

A.

Transmit one copy of the application, or appropriate parts of the application, to each referral agency for review and comment, including those responsible for determination of compliance with state and federal requirements.

B.

If a Type II, III or IV procedure is required, provide for notice and hearing as set forth in Chapters 17.20 and 17.22.

(Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

The Director shall prepare a report that evaluates whether the proposal complies with the review criteria.

(Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

A.

Within 60 days of the date of accepting an application, the Director shall approve or deny the request. The decision of the Director shall be based upon the application, the evidence, comments from referral agencies and affected property owners, and approvals required by others. After the decision is made, the Director shall notify the applicant and, if required, others entitled to notice of the disposition of the application. The notice shall indicate the date that the decision will take effect and describe the right of appeal pursuant to Chapter 17.28.

B.

The Director shall approve a development if the Director finds that applicable approvals by other agencies with review authority have been granted and the proposed development otherwise conforms to the requirements of this Code. The notice of decision in accordance with Chapter 17.24 shall describe the reason for approval.

C.

The Director shall deny the development if required approvals are not obtained or the application otherwise fails to comply with Code requirements. The notice of decision in accordance with Chapter 17.24 shall describe the reason for denial.

(Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

The Director shall schedule a public hearing in accordance with procedures listed in Chapter 17.20.

(Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

Upon final denial of a development proposal or a denial of an annexation request by the City Council or the voters, a new application for the same development or any portion thereof or the same annexation or any portion thereof may not be heard for a period of one year from the date of denial. Upon consideration of a written statement by the applicant showing how the proposal has been sufficiently modified to overcome the findings for denial or that conditions have changed sufficiently to justify reconsideration of the original of a similar proposal, the Director may waive the one-year waiting period.

(Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

Nothing in Title 17 shall limit the authority of the City Council to make changes in zoning districts or requirements as part of some more extensive revision of the Comprehensive Plan or the implementing ordinances. Nothing in this article shall relieve a use or development from compliance with other applicable laws.

(Ord. No. 2022-07, § 2(Exh. B), 5-2-2022; Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

A.

Final Decision. Except as allowed for Type IV decisions and applications subject to Section 17.18.120, a land use decision on a "permit" as that term is defined in state law must be finalized, including resolution of any local appeal by the City Council, no later than 120 days from the date the application is deemed complete, unless the applicant requests an extension in writing.

B.

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

(Ord. No. 2022-07, § 2(Exh. B), 5-2-2022; Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

Editor's note— Ord. No. 2022-07, § 2(Exh. B), adopted May 2, 2022, renumbered former § 17.18.110 as § 17.18.120, and renumbered former § 17.18.120 as § 17.18.110.

A land division shall be processed pursuant to the expedited land division procedures set forth in ORS Chapter 197 if (a) the land division qualifies as an expedited land division as that term is defined in ORS Chapter 197 and (b) the applicant requests the land division to be processed as an expedited land division. Middle housing land division applications shall be processed pursuant to the expedited land division procedures set forth in ORS Chapter 197.360 to 197.380.

A.

Expedited land division/middle housing land division application materials.

1.

An expedited land division or middle housing land division application shall consist of the materials specified in Subsection 17.100.50.C.

B.

Expedited land division/middle housing land division application acceptance.

1.

When an expedited land division or middle housing land division application is received by the City, the Director or designee shall determine whether the following essential items are present. If the following items are not present, the application shall not be accepted by the City and it shall be returned to the applicant:

a.

The required form;

b.

The required fee;

c.

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

C.

Expedited land division/middle housing land division completeness.

1.

The City shall review an application for an Expedited Land Division or Middle Housing Land Division, and, within 21 days of its receipt, notify the applicant as to whether the application is complete. If the City determines that the application contains sufficient information for review, the City shall advise the applicant in writing that the application is deemed complete and begin the application review process. If the City determines that the application is incomplete, the City shall advise the applicant in writing of the necessary missing information. The City shall begin review of the application either:

a.

Upon receipt of all of the missing information requested by the City; or

b.

Upon receipt of some of the missing information and a written statement from the applicant indicating that none of the other missing information will be provided; or

c.

Upon receipt of a written statement from the applicant indicating that none of the missing information will be provided.

2.

If the application was complete when first submitted or the applicant submits the missing information identified by the City within 180 days of the date the application was first submitted, approval or denial of the application will be based on the standards and criteria that were applicable at the time the application was first submitted.

D.

Expedited land division/middle housing land division notice of application. Within ten days of the City's determination that an application is complete, but at least 20 days before the Director makes a decision, written notice of the application shall be mailed in accordance with the procedures in Section 17.22.80.

E.

Expedited land division/middle housing land division decision. Within 63 days of the City's determination that an application is complete, the Director shall approve, conditionally approve, or deny an Expedited Land Division or Middle Housing Land Division application. The decision shall: include a brief statement that explains the criteria and standards considered relevant to the decision; state the facts relied upon in rendering the decision; and explain the justification for the decision based upon the criteria, standards, and facts set forth. After seven days' notice to the applicant, the Planning Commission may, at a regularly scheduled public meeting, take action to extend the 63-day time period to a date certain for one or more applications for an expedited land division or a middle housing land division prior to the expiration of the 63-day period, based on a determination that an unexpected or extraordinary increase in applications makes action within 63 days impracticable. In no case shall an extension be to a date more than 120 days after the application was deemed complete. The decision to approve or not approve an extension is not a land use decision or limited land use decision.

F.

Expedited land division/middle housing land division notice of decision. Within five days after the Director renders a decision, but within the 63 days as noted in Subsection 17.18.120.C., notice of the decision shall be mailed in accordance with the procedures in Section 17.22.100. Unless appealed according to the procedures in Chapter 17.28, the Director's decision is effective on the 15th day after notice of the decision is mailed.

(Ord. No. 2022-07, § 2(Exh. B), 5-2-2022; Ord. No. 2024-01, § 1(Exh. A), 2-20-2024)

Editor's note— See the editor's note to § 17.18.110.