Silverton, OR Zoning Ordinance

Silverton City Zoning Code

ARTICLE 4

ADMINISTRATION OF LAND USE AND DEVELOPMENT

§ 4.1.100 Purpose and applicability of review procedures.

Purpose. The purpose of this chapter is to establish standard decision-making procedures that will enable the city, the applicant, and the public to reasonably review applications and participate in the local decision-making process in a timely and effective way. Table 4.1.100 provides a key for determining the review procedure and the decision-making body for particular approvals.

Applicability of Review Procedures. All land use and development permit applications and approvals, except building permits, shall be decided by using the procedures contained in this chapter. The procedure “type” assigned to each application governs the decision-making process for that permit or approval. There are four types of permit/approval procedures: Types I, II, III, and IV. These procedures are described in subsections (B)(1) through (4) of this section. Table 4.1.100 lists all of the city’s land use and development approvals and their required review procedure(s).

Type I Procedure (Ministerial). Type I decisions are made by the community development director, 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 review criteria, and applying city standards and criteria requires no use of discretion;

Type II Procedure (Limited Land Use Decision). Type II decisions are made by the community development director or designee with public notice, and an opportunity for a planning commission public hearing if requested. The appeal of a Type II decision made by the planning commission is heard by the city council;

Type III Procedure (Quasi-Judicial). Type III decisions are made by the planning commission after a public hearing, with appeals made to the city council. Type III decisions generally use discretionary review criteria;

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, not just one property). Type IV matters are considered initially by the planning commission with final decisions made by the city council. A Type IV hearing may be conducted in a joint meeting of the city council and planning commission.

Number of Days. All “days” referenced by this code are calendar days, unless noted otherwise.

Table 4.1.100 – Summary of Approvals by Type of Review Procedure
Approvals*	Review Procedures	Applicable Regulations
Access permit (public street)	Type I	Chapters 3.1, 4.2, 4.3 SDC; Engineering standards
Appeal of a land use decision	Type III	SDC §§ 4.1.300 and 4.1.400
Building permit	N/A	Building code
Code interpretation	Type II	Chapter 4.8 SDC
Code amendment	Type IV	Chapter 4.7 SDC
Comprehensive plan amendment	Type IV	Comprehensive plan, Chapter 4.12 SDC
Conditional use	Type III	Chapter 4.4 SDC
Floodplain development permit	Type I/II/III	Chapter 2.5 SDC
Planned development	Type III	Chapter 4.5 SDC
Modification to approval	Type II/III (minor or major)	Chapter 4.6 SDC
Zoning map change
- Quasi-judicial (no plan amendment required)	Type III	Chapter 4.7 SDC
- Legislative (plan amendment)	Type IV	Chapter 4.7 SDC
Property line adjustments and lot consolidations	Type II	Chapter 4.3 SDC
Lot-of-record determination	Type I/II	Chapter 5.3 SDC
Nonconforming use or development confirmation	Type I/II	Chapter 5.2 SDC
Partition	Type II	Chapter 4.3 SDC
Land use review	Type I/II	Chapter 4.2 SDC, building code
Design review	Type II/III	Chapter 4.2 SDC
Subdivision		Chapter 4.3 SDC
- Preliminary plan	Type III
- Final plat	Type I
Temporary use permit	Type I/II/III	Chapter 4.9 SDC
Annexation	Type IV	Chapter 4.10 SDC
Urban growth boundary	Type IV	Chapter 4.11 SDC
Vacations	Type IV	Chapter 4.13 SDC
Variance	Type III	Chapter 5.1 SDC
Adjustment	Type II	Chapter 5.1 SDC

Notes:
* Approvals or permits from other agencies, such as a road authority or state or federal natural resource agency, may be required for some actions. The city notifies agencies of requests (Type II, III, and IV applications) that may affect their facilities or services.

(Ord. 08-06 § 3, 2008)

§ 4.1.170 Neighborhood contact for private development projects.

Good Neighbor Agreement. Applicants are highly encouraged to use a good neighbor agreement as a way of involving the community during the development of their land use application. Good neighbor agreements are founded in the belief that, in part, a successful neighborhood depends on the businesses within their borders and that a successful business depends, in part, on the support of the surrounding community. The purpose of a good neighbor agreement is to proactively address livability concerns associated with the proposed use. City staff may be contacted to offer suggestions on how to establish a good neighbor agreement.

Typical elements of a GNA include, but are not limited to:

Noise management;

Hours of operation;

Litter management;

Traffic issues;

Lighting;

Communications, including a process for receiving, recording, and responding to community comments;

Security;

Safety;

Parking;

10.

Screening of operations;

11.

Maintenance of a neighborhood advisory committee;

12.

Enforcement of the good neighbor agreement;

13.

Exceptions to the good neighbor agreement;

14.

Process and requirements for updating, amending, or terminating the good neighbor agreement; and

15.

Effective date, term of the agreement, and date of expiration.

(Ord. 14-01 § 1 (Exh. A), 2014)

§ 4.1.190 Citizen involvement procedures for developing and amending city master plans.

Purpose. The purpose of this section is to establish guidelines for encouraging citizen involvement during all phases of the master planning process. By adequately engaging the public during the development and amendment of city master plans, it is more likely that citizens will be aware of their existence, understand their purpose, and be knowledgeable about the issues they are addressing. Most importantly, by encouraging citizens to be involved early in the master planning process, community members will have the opportunity to influence what is contained in adopted master plans. The following is intended to aid the master planning process but does not bind the city to perform every listed involvement method.

Citizen Involvement During the Master Plan Scoping Process. Citizens who have suggestions to improve public facilities, services, or outdated master plans are encouraged to present their ideas to city council and/or city staff in writing and/or verbally at regular council meetings. Suggestions submitted to city staff will be provided to the council during the council goal setting process for their consideration.

When city council directs staff to develop a master plan, a kickoff meeting for the project should be scheduled and advertised. The goal of the project kickoff/town hall meeting should be to inform citizens that a master plan has been initiated, what a master plan is, why it is important, future implications the plan could have on the community, and to highlight ways citizens can be involved in the process. After the project kickoff meeting, a citizen involvement plan should be developed for the project.

Citizen Involvement During the Development and Amendment of Draft Master Plans. The following list of citizen involvement methods is not comprehensive and may be used for the development and amendment of master plans. Failure to conduct any or all of the listed methods or other methods does not constitute an appealable issue.

Stakeholder Interviews. Stakeholders are community members which are not serving on the project advisory committee, but have a vested interest in the outcome of the master plan. Interviews of stakeholders could be conducted by phone or in person.

Surveys. Questionnaires could be distributed by mail, distributed at public meetings, or be set up online.

Public Meetings at Key Milestones. Over the planning process, city staff should host public meetings at key project milestones. Because each project will have unique information to communicate and different types of citizen input required, the public meeting formats will vary. Formats may include workshops, town hall meetings, open houses, presentations, and discussion groups. Public meetings should be interactive whenever possible. To ensure equal access to all community members, the city of Silverton should reasonably modify policies/procedures and provide auxiliary aids/services to persons with disabilities. Staff can also provide materials in other languages when requested.

Private Organization Meetings and Events. When requested, city staff should present master plan project information, solicit input, and participate in neighborhood/HOA meetings, community association meetings, and community events and festivals.

Website. The city’s website should host a specific web page for each master plan under development or amendment. The site will include an overview of the planning project, meeting calendar, project updates, meeting agendas, notes, technical project documents, frequently asked questions and answers, and a summary of public comments received.

Updates for Planning Commission and City Council. Staff should provide regular updates regarding the plan and the citizen involvement process to gain planning commission and city council input.

Community development department staff should provide regular updates to all individuals that participated in the planning process. Care should be taken to obtain contact information from everyone that provides comments or input on a master plan so that city staff can keep them updated with newsletters, fact sheets, and schedule changes. The project advisory committee and other interested citizens should be sent status updates at the completion of each project milestone. An ongoing record of citizen input shall be maintained and available to the public at City Hall.

Upon development or amendment of a draft master plan, city staff should send a notice of public hearing before the planning commission and city council to all individuals who have participated in the planning process, at least 20 days before each hearing. Staff should make a hard copy of the draft plan available for public viewing in the community development department. Notice of the hearings should also be sent to specifically affected areas. This notice should contain general information about the master plan and capital projects.

(Ord. 14-01 § 1 (Exh. A), 2014)

§ 4.1.195 Citizen involvement procedures for the implementation of master plans. [1]

Purpose. The purpose of this section is to establish procedures for encouraging citizen involvement during the implementation of capital projects identified in city master plans. By adequately engaging the public during the implementation of public projects, citizens will be able to understand the purpose of a project and the issues it will be addressing.

Citizen Involvement Procedures. Utilizing city master plans developed with citizen input, city council should approve a capital improvement plan that prioritizes projects listed in the master plan. Council could then identify projects during the budget process to allocate funds to construct the project. Projects that replace aging infrastructure, provide a necessary increase in utility capacity, address a health and safety issue, provide routine maintenance, and similar projects may provide an informational notice to residents near the project area in advance of construction. When a decision has been made to move forward with a public project that affects the public interest (such as a park or streetscape improvement project), an open house type meeting should be publicly advertised to discuss the project with the community and citizens in the affected area.

The open house should inform citizens of specific project details and provide community members with the opportunity to publicly ask questions and provide comments on the project. Notice of the open house should also be sent to all individuals who have participated in the master planning process, including members of the master plan’s project advisory committee. City staff should present a summary of the open house public comments to city council so that they may consider refinement of the project scope or design. Once city council determines the final scope and design of a project, city staff can be directed to construct the project.

(Ord. 14-01 § 1 (Exh. A), 2014)

[1]

Code reviser’s note: Ord. 14-01 adds this section as 4.1.200. It has been editorially renumbered to avoid duplication of numbering.

§ 4.1.200 Type I procedure (ministerial).

Application Requirements.

Application Forms. Type I applications shall be made on forms provided by the community development director or designee.

Application Requirements. Type I decisions are generally made within 30 days of the city receiving a complete application. Type I applications shall:

Include the information requested on the application form;

Address the criteria in sufficient detail for review and action; and

Be filed with the required, nonrefundable fee.

Applications which are not filled out completely and include all information required by the application form will not be processed by the city.

Administrative Decision Requirements. The community development director’s or designee’s decision shall address all of the review criteria, including applicable requirements of any road authority. Based on the criteria and the facts contained within the record, the community development director shall approve 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.

Final Decision. A Type I decision is the final decision of the city. It cannot be appealed to city officials.

Effective Date. A Type I decision is final on the date it is made.

(Ord. 08-06 § 3, 2008; Ord. 10-02 Exh. A § B, 2010)

§ 4.1.300 Type II procedure (limited land use decisions).

Pre-Application Conference. A pre-application conference is required for Type II reviews unless waived by the community development director. Pre-application conference procedures are in SDC § 4.1.600.

Application Requirements.

Application Forms. Type II applications shall be made on forms provided by the community development director or designee.

Submittal Information. Applications to be reviewed by the planning commission must be submitted and complete at least 45 days before the requested planning commission meeting date. For staff reviews, a total of five copies of the application shall be submitted. For planning commission reviews, an additional seven copies shall be submitted after the community development director has deemed the application complete.

Include the information requested on the application form;

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. Note: additional information may be required under the specific application requirements for each approval, e.g., Chapter 4.2 SDC, Land Use Review and Design Review, Chapter 4.3 SDC, Land Divisions and Property Line Adjustments, Chapter 4.6 SDC, Modifications to Approved Plans and Conditions of Approval, Chapter 4.8 SDC, Code Interpretations, and Chapter 4.9 SDC, Miscellaneous Permits;

Be accompanied by the required, nonrefundable fee;

Plans, studies, exhibits, and/or other information as may be required by the community development director, to assist the city in making findings under the applicable review criteria; and

A certified list prepared by a title company or certified by the Marion County tax assessor’s office with the names and addresses of all property owners within 500 feet of the subject site.

Applications which are not filled out completely and include all information required by the application form will not be processed by the city.

Notice of Application for Type II (Limited Land Use) Decision.

Before making a Type II limited land use decision, the community development director or designee shall mail notice to:

All owners of record of real property and residents within a minimum of 500 feet of the subject site;

All city-recognized neighborhood groups or associations whose boundaries include the site;

Any person who submits a written request to receive a notice; and

Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the city. The city may notify other affected agencies. The city shall notify the road authority and transit and transportation service providers when there is a proposed development abutting or affecting their transportation facility or service and allow the agency to review, comment on, and suggest conditions of approval for the application.

The purpose of the notice is to give nearby property owners and other interested people the opportunity to submit written comments about the application before the Type II decision is made. The goal of this notice is to invite people to participate early in the decision-making process.

Notice of a pending Type II limited land use decision shall:

Provide a 14-day period for submitting written comments before a decision is made on the permit;

List the relevant review criteria by name and number of code sections;

State the place, date and time the comments are due, and the person to whom the comments should be addressed;

Include the name and telephone number of a contact person regarding the decision;

Describe the proposal and identify the specific permits or approvals requested;

Describe the street address or other easily understandable reference to the location of the site;

State that if any person fails to address the relevant review criteria with enough detail, they may not be able to appeal to the land use board of appeals or circuit court on that issue. Only comments on the relevant review criteria are considered relevant evidence;

State that all evidence relied upon by the community development director or designee to make this decision is in the public record, available for public review. Copies of this evidence can be obtained at a reasonable cost from the city;

State that after the comment period closes, the community development director or designee shall issue a Type II limited land use decision, and that the decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice;

Contain the following notice:

Notice to mortgagee, lien holder, vendor, or seller: The City of Silverton Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser.

Posting Notice. The site shall be posted with a notice that contains a brief description of the project, the file number assigned to the project by the city and the address of City Hall and the phone number for the community development department 14 days prior to a decision being made. The notice shall be clearly visible to pedestrians and motorists and must be able to withstand adverse weather.

Type II Decision Requirements. The community development director or designee shall make a Type II written decision addressing all of the relevant review criteria and standards. Based upon the criteria and standards, and the facts contained within the record, the community development director or designee shall approve, approve with conditions, or deny the requested permit or action. Alternatively, the community development director, and/or the applicant, may refer the application to the planning commission for review in a public hearing, in which case the review shall follow the Type III procedures in SDC § 4.1.400. If the applicant refers the application to a Type III hearing, he or she shall pay the fee for a Type III review.

Notice of Decision.

Within five business days after the community development director or designee signs the decision, a notice of decision shall be sent by mail to:

The applicant and all owners or contract purchasers of record of the site that is the subject of the application;

Any person who submits a written request to receive notice, or provides comments during the application-review period;

Any city-recognized neighborhood group or association whose boundaries include the site; and

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.

The community development director or designee shall cause an affidavit of mailing the notice to be prepared and made a part of the file. The affidavit shall show the date the notice was mailed and shall demonstrate that the notice was mailed to the parties above and was mailed within the time required by law.

The Type II notice of decision shall contain:

A description of the applicant’s proposal and the city’s decision on the proposal (i.e., may be a summary);

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;

A statement of where the city’s decision can be obtained;

The date the decision shall become final, unless appealed;

A statement that all persons entitled to notice may appeal the decision; and

A statement briefly explaining how to file an appeal, the deadline for filing an appeal, and where to obtain further information concerning the appeal process.

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 decision is effective on the day after the 10-day appeal period expires. If an appeal is filed, the decision is effective when the appeal is decided. (See also subsection (G) of this section.)

Appeal. Appeals of Type II decisions are heard by the planning commission or the historic landmarks commission, as applicable, and follow the procedures below:

Who May Appeal. The following people have legal standing to appeal a Type II decision:

The applicant or owner of the subject property;

Any other person who participated in the proceeding by submitting oral or written comments.

Appeal Filing Procedure.

Notice of Appeal. Any person with standing to appeal, as provided in subsection (G)(1) of this section, may appeal a Type II decision by filing a notice of appeal according to the following procedures;

Time for Filing. A notice of appeal shall be filed with the community development director or designee within 10 days of the date the notice of Type II decision was mailed;

Content of Notice of Appeal. The notice of appeal shall contain:

An identification of the decision being appealed, including the date of the decision;

ii.

A statement demonstrating the person filing the notice of appeal has standing to appeal;

iii.

A statement explaining the specific issues being raised on appeal;

iv.

If the appellant is not the applicant, a statement demonstrating that the appeal issues were raised during the comment period;

Filing fee.

vi.

Appeal applications which are not filled out completely and include all information required by the application form will not be processed by the city.

Scope of Appeal. The appeal of a Type II decision by a person with standing shall be limited to the project proposal; new evidence and arguments may be presented, but the specific issues raised in the prior proceedings must also be addressed by the appellant. The review body may allow additional evidence, testimony or argument concerning any relevant standard, criterion, condition, or issue raised in the notice of appeal.

Appeal Procedures. Type III notice, hearing procedures and decision process shall also be used for appeals of Type II decisions, as provided in SDC § 4.1.400.

Further Appeal to LUBA. The decision of the review body regarding an appeal of a Type II decision is the final decision of the city. The decision of the review body on an appeal is final and effective on the date it is mailed by the city. The review body’s decision may be appealed to the State Land Use Board of Appeals pursuant to ORS 197.805 through 197.860.

(Ord. 08-06 § 3, 2008; Ord. 10-02 Exh. A § B, 2010; Ord. 20-09 § 3 (Exh. B), 2020)

§ 4.1.400 Type III procedure (quasi-judicial).

Pre-Application Conference. A pre-application conference is required for all Type III applications. The procedures for a pre-application conference are described in SDC § 4.1.600(C).

Application Requirements.

Application Forms. Type III applications shall be made on forms provided by the community development director or designee; if a Type II application is referred to a Type III hearing, either voluntarily by the applicant or staff or upon appeal, no new application is required.

Submittal Information. Type III applications must be submitted and complete at least 45 days before the requested planning commission hearing date. For the initial staff review, a total of five copies of the application shall be submitted. An additional seven copies shall be submitted after the community development director has deemed the application complete. All Type III applications shall:

Include the information requested on the application form;

Contain plans, exhibits, studies, and/or other information as required by the community development director, in order to assist the city in making findings under the applicable review criteria;

Be accompanied by the required nonrefundable fee;

A certified list prepared by a title company or certified by the Marion County tax assessor’s office with the names and addresses of all property owners within 500 feet of the subject site; and

Applications which are not filled out completely and include all information required by the application form will not be processed by the city.

Notice of Hearing.

Mailed Notice. The city shall mail the notice of the Type III hearing. The records of the county assessor’s office are the official records for determining ownership. Notice of a Type III application hearing or Type II appeal hearing shall be given by the community development director or designee in the following manner:

At least 20 days before the hearing date, notice shall be mailed to:

The applicant and all owners or contract purchasers of record of the property that is the subject of the application;

ii.

All property owners of record and residents within 700 feet of the site;

iii.

Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the city. The city may notify other affected agencies. The city shall notify the road authority and transit and transportation service provider when there is a proposed development abutting or affecting their transportation facility or service and allow the agency to review, comment on, and suggest conditions of approval for the application;

iv.

Owners of airports in the vicinity shall be notified of a proposed zone change in accordance with ORS 227.175;

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 in the original decision; and

viii.

For a zone change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175.

The community development director or designee shall have an affidavit of notice be pre-pared and made a part of the file. The affidavit shall state the date that the notice was mailed to the persons who must receive notice.

At least 10 business days before the hearing, notice of the hearing shall be printed in a newspaper of general circulation in the city. The newspaper’s affidavit of publication of the notice shall be made part of the administrative record.

Content of Notice. Notice of appeal of a Type II administrative decision or notice of a Type III hearing to be mailed and published per subsection (C)(1) of this section shall contain the following information:

The nature of the application and the proposed land use or uses that could be authorized for the property;

The applicable criteria and standards from the development code(s) that apply to the application;

The street address or other easily understood geographical reference to the subject property;

The date, time, and location of the public hearing;

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;

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

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 Silverton City Hall at no cost and that copies shall be provided at a reasonable cost;

A statement that a copy of the city’s staff report and recommendation to the hearings body shall be available for review at no cost at least seven days before the hearing, and that a copy shall be provided on request at a reasonable cost;

A general explanation of the requirements to submit testimony, and the procedure for conducting public hearings; and

The following notice: “Notice to mortgagee, lien holder, vendor, or seller: The city of Silverton development code requires that if you receive this notice it shall be promptly forwarded to the purchaser.”

Posting Notice. The site shall be posted with a notice that contains a brief description of the project, the file number assigned to the project by the city and the address of City Hall and the phone number for the community development department. The notice shall be clearly visible to pedestrians and motorists and must be able to withstand adverse weather.

Conduct of the Public Hearing.

At the commencement of the hearing, the hearings body shall state to those in attendance:

The applicable review criteria and standards that apply to the application or appeal;

A statement that testimony and evidence shall concern the review criteria described in the staff report, or other criteria in the comprehensive plan or land use regulations that the person testifying believes to apply to the decision;

A statement that failure to raise an issue with sufficient detail to give the hearings body and the parties an opportunity to respond to the issue, means that no appeal may be made to the State Land Use Board of Appeals on that issue;

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 hearings body shall grant the request by scheduling a date to finish the hearing (a “continuance”) per subsection (D)(2) of this section, or by leaving the record open for additional written evidence or testimony per subsection (D)(3) of this section.

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.

If the planning commission leaves the record open for additional written evidence or testimony, the record shall be left open for at least seven days after the hearing. Any participant may ask the city in writing for an opportunity to respond to new evidence submitted during the period that the record was left open. If such a request is filed, the planning commission shall reopen the record.

When the planning commission reopens the record to admit new evidence or testimony, any person may raise new issues that relate to that new evidence or testimony;

An extension of the hearing or record granted pursuant to subsection (D) 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;

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;

The record shall contain all testimony and evidence that is submitted to the city and that the hearings body has not rejected;

In making its decision, the hearings body may take notice of facts not in the hearing record (e.g., local, state, or federal regulations; previous city decisions; case law; staff reports). The review authority must announce its intention to take notice of such facts in its deliberations, and allow persons who previously participated in the hearing to request the hearing record be reopened, if necessary, to present evidence concerning the noticed facts;

The review authority shall retain custody of the record until the city issues a final decision.

Participants in the appeal of a Type II administrative decision or participants in a Type III hearing are entitled to an impartial review authority as free from potential conflicts of interest and pre-hearing ex parte contacts (see subsection (D)(5) of this section) as reasonably possible. However, the public has a countervailing right of free access to public officials. Therefore:

At the beginning of the public hearing, hearings body members shall disclose the substance of any pre-hearing ex parte contacts (as defined in subsection (D)(5) of this section) 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;

A member of the hearings body shall not participate in any proceeding in which they, or any of the following, have 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;

Disqualification of a member of the hearings body due to contacts or conflict may be ordered by a majority of the members present and voting. The person who is the subject of the motion may not vote on the motion to disqualify;

If a member of the hearings body abstains or is disqualified, the city may provide a substitute in a timely manner subject to the impartiality rules in subsections (D)(4) and (5) of this section. In this case, a member of the city council appointed by a majority vote of the city council may substitute for a member of the planning commission;

If all members of the planning commission abstain or are disqualified, the city council shall be the hearing body. If all members of the city council abstain or are disqualified, a quorum of those members present who declare their reasons for abstention or disqualification shall be requalified to make a decision;

Any member of the public may raise conflict of interest issues prior to or during the hearing, to which the member of the hearings body shall reply in accordance with this section.

Ex Parte Communications.

Members of the hearings body shall not:

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 without giving notice per subsection (D)(4) of this section;

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.

No decision or action of the hearings body shall be invalid due to ex parte contacts or bias resulting from ex parte contacts, if the person receiving contact:

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.

A communication between city staff and the hearings body is not considered an ex parte contact.

Presenting and Receiving Evidence.

The hearings body may set reasonable time limits for oral presentations and may limit or exclude cumulative, repetitious, irrelevant or personally derogatory testimony or evidence;

There may be a presentation of a staff report, a presentation by the applicant or those representing the applicant, a presentation by those who oppose the proposed application, by those in favor of the proposed application and by those who do not necessarily support or oppose the proposed application;

A rebuttal by the applicant shall be limited to issues raised during the presentation of evidence in opposition or neutral. A surrebuttal shall be limited to issues raised during the rebuttal of the evidence;

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 (D) of this section;

Members of the hearings body may visit the property and the surrounding area, and may use information obtained during the site visit to support their decision, if the information relied upon is disclosed at the beginning of the hearing and an opportunity is provided to dispute the evidence.

The Decision Process.

Basis for Decision. Approval or denial of an appeal of a Type II administrative decision or of 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;

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;

Form of Decision. The planning commission shall issue a final written order containing the findings and conclusions stated in subsection (E)(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;

Decision-Making Time Limits. A final order for any Type II administrative appeal or Type III action shall be filed with the community development director or designee within 10 business days after the close of the deliberation;

Notice of Decision. Written notice of a Type II administration appeal decision or a Type III decision shall be mailed to the applicant and to all participants of record within 10 business days after the hearings body 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;

Final Decision and Effective Date. The decision of the hearings body 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 10-day appeal period expires. If an appeal for a Type III application 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. An appeal of a Type II appeal decision to the State Land Use Board of Appeals must be filed within 21 days of the review body’s written decision. An appeal of a land use decision to the State Land Use Board of Appeals must be filed within 21 days of the city council’s written decision;

Appeals. Appeals of Type III decisions are heard by the city council, as applicable, and follow the procedures below:

Who May Appeal. The following people have legal standing to appeal a Type III decision:

The applicant or owner of the subject property;

ii.

Any other person who participated in the proceeding by submitting oral or written comments.

Appeal Filing Procedure.

Notice of Appeal. Any person with standing to appeal, as provided in subsection (E)(1) of this section may appeal a Type III decision by filing a notice of appeal according to the following procedures;

ii.

Time for Filing. A notice of appeal shall be filed with the community development director or designee within 10 days of the date the notice of Type III decision was mailed;

iii.

Content of Notice of Appeal. 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 being raised on appeal;

(D)

If the appellant is not the applicant, a statement demonstrating that the appeal issues were raised during the comment period;

(E)

If de novo review is requested, a statement summarizing the new evidence which will be offered and the criteria to which it will relate. The decision to grant a de novo hearing rests solely upon the discretion of the city council;

(F)

Filing fee.

Scope of Appeal. The review body shall determine the scope of review on appeal to one of the following:

Restricted to the record made on the decision being appealed. The record shall include a factual report prepared by the community development director, all exhibits, materials, pleadings, memoranda, stipulations, and motions submitted by any party and received or considered in reaching the decision under review, and the minutes of the hearing. The reviewing body may make its decision based only upon the record or may grant the right of oral argument to all affected parties, but not the introduction of additional evidence.

ii.

Limited to such issues as the reviewing body determines necessary for a proper resolution of the matter.

iii.

A de novo hearing on the merits. “De novo hearing” shall mean a hearing by the review body as if the request had not been previously heard and as if no decision had been rendered, except that all testimony, evidence, and other material from the record of the previous consideration may be included in the record of the review. The presiding officer may establish a time limit for presentation of information at the public hearing.

Appeal Procedures. A Type III notice, hearing procedures and decision process shall also be used for appeals of Type III decisions, as provided in SDC § 4.1.400. Appeal applications which are not filled out completely and include all information required by the application form will not be processed by the city.

Further Appeal to LUBA. The decision of the review body regarding an appeal of a Type III decision is the final decision of the city. The decision of the review body on an appeal is final and effective on the date it is mailed by the city. The review body’s decision may be appealed to the State Land Use Board of Appeals within 21 days of the written notice of decision pursuant to ORS 197.805 through 197.860.

City Council Call-Up of Planning Commission Decision. The city council may call up any planning action for a decision upon motion and majority vote, provided such vote takes place in the required appeal period. Unless the planning action is appealed and a public hearing is required, the council review of the planning action is limited to the record and public testimony is not allowed. The council may affirm, modify, or reverse the decision of the planning commission, or may remand the decision to the commission for additional consideration if sufficient time is permitted for making a final decision of the city. The council shall make findings and conclusions and cause copies of a final order to be sent to all parties of the planning action.

(Ord. 08-06 § 3, 2008; Ord. 10-02 Exh. A § B, 2010; Ord. 14-01 § 1 (Exh. A), 2014; Ord. 15-12 § 1 (Exh. A), 2015; Ord. 20-09 § 3 (Exh. B), 2020)

§ 4.1.500 Type IV procedure (legislative).

Pre-Application Conference. A pre-application conference is required for all Type IV applications initiated by a party other than the city of Silverton. The requirements and procedures for a pre-application conference are described in SDC § 4.1.600(C).

Timing of Requests. The city council may establish a calendar for the purpose of accepting Type IV requests only at designated time(s). At a minimum, Type IV requests shall be filed not less than 60 days prior to the requested initial hearing date. The city council may initiate its own legislative proposals at any time.

Application Requirements.

Application Forms. Type IV applications shall be made on forms provided by the community development director or designee.

Submittal Information. A total of five copies of the application shall be submitted. An additional seven copies shall be submitted after the community development director has deemed the application complete, and additional copies may be required after the planning commission has completed its review and has forwarded a recommendation to city council. The application shall contain:

The information requested on the application form;

Plans, exhibits, studies, and/or other information, as required by the community development director, to assist the city in addressing the applicable criteria and standards in sufficient detail for review and decision;

The required, nonrefundable fee;

A letter or narrative statement that explains how the application satisfies each and all of the relevant review criteria and standards; and

A certified list prepared by a title company or certified by the Marion County tax assessor’s office with the names and addresses of all property owners within 500 feet of the subject site.

Applications which are not filled out completely and include all information required by the application form will not be processed by the city.

Notice of Hearing.

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 (e.g., rezonings and comprehensive plan amendments).

Notification Requirements. Notice of public hearings for the request shall be given by the community development director or designee in the following manner:

At least 20 days, but not more than 40 days, before the date of the first hearing on an ordinance that proposes to amend the comprehensive plan or any element thereof, or to adopt an ordinance that proposes to rezone property, a notice shall be prepared in conformance with ORS 227.186 and mailed to:

Each owner whose property would be rezoned in order to implement the ordinance (including 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.

All property owners and residents within 700 feet of the subject site;

iii.

Any affected governmental agency, including road authorities and transportation service providers;

iv.

Any person who requests notice in writing;

For a zone change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175;

vi.

Owners of airports shall be notified of a proposed zone change in accordance with ORS 227.175.

At least 10 days before the scheduled planning commission public hearing date, and 14 days before the city council hearing date, public notice shall be published in a newspaper of general circulation in the city.

The community development director or designee shall:

For each mailing of notice, file an affidavit of mailing in the record as provided by subsection (D)(2)(a) of this section; and

ii.

For each published notice, file in the record the affidavit of publication in a newspaper that is required in subsection (D)(2)(b) of this section.

The Oregon Department of Land Conservation and Development (DLCD) shall be notified in writing of proposed comprehensive plan and development code amendments at least 35 days before the first public hearing at which public testimony or new evidence will be received. The notice to DLCD shall include a DLCD certificate of mailing.

Notifications for annexation shall follow the provisions of this chapter.

Content of Notices. The mailed and published notices shall include the following information:

The number and title of the file containing the application, and the address and telephone number of the community development director or designee’s office where additional information about the application can be obtained;

The proposed site location;

A description of the proposed site and the proposal in enough detail for people to determine what change is proposed, and the place where all relevant materials and information may be obtained or reviewed;

The time(s), place(s), and date(s) of the public hearing(s); a statement that public oral or written testimony is invited; and a statement that the hearing will be held under this title and rules of procedure adopted by the council and available at City Hall (see subsection (E) of this section); and

Each mailed notice required by subsection (D) of this section shall contain the following statement: “Notice to mortgagee, lien holder, vendor, or seller: The city of Silverton development code requires that if you receive this notice it shall be promptly forwarded to the purchaser.”

Posting Notice. The site shall be posted with a notice that contains a brief description of the project, the file number assigned to the project by the city and the address of City Hall and the phone number for the community development department 10 days prior to the first public hearing. The notice shall be clearly visible to pedestrians and motorists and must be able to withstand adverse weather.

Failure to Receive Notice. The failure of any person to receive notice shall not invalidate the action, providing:

Personal notice is deemed given where the notice is deposited with the United States Postal Service;

Published notice is deemed given on the date it is published.

Hearing Process and Procedure.

Unless otherwise provided in the rules of procedure adopted by the city council:

The presiding officer of the planning commission and of the city council shall have the authority to:

Regulate the course, sequence, and decorum of the hearing;

ii.

Direct procedural requirements or similar matters; and

iii.

Impose reasonable time limits for oral presentations.

No person shall address the commission or the council without:

Receiving recognition from the presiding officer; and

ii.

Stating their full name and address.

Disruptive conduct such as applause, cheering, or display of signs shall be cause for expulsion of a person or persons from the hearing, termination or continuation of the hearing, or other appropriate action determined by the presiding officer.

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:

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;

The community development director or designee’s report and other applicable staff reports shall be presented;

The public shall be invited to testify;

The public hearing may be continued to allow additional testimony or it may be closed; and

The hearing body’s deliberation may include questions to the staff, comments from the staff, and inquiries directed to any person present.

Continuation of the Public Hearing. The planning commission or the city council may continue any hearing, and no additional notice of hearing shall be required if the matter is continued to a specified place, date, and time.

Decision-Making Criteria. The recommendation by the planning commission and the decision by the city council shall be based on the following factors:

Approval of the request is consistent with the statewide planning goals;

Approval of the request is consistent with the comprehensive plan; and

The property and affected area is presently provided with adequate public facilities, services and transportation networks to support the use, or such facilities, services and transportation networks are planned to be provided concurrently with the development of the property.

Approval Process and Authority.

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; and

Within 14 business days of determining a recommendation, the presiding officer shall sign the written recommendation, and it shall be filed with the community development director or designee;

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 community development director or designee before the council public hearing on the proposal. The community development director or designee shall send a copy to each council member and place a copy in the record;

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 60 days of its first public hearing on the proposed change, the community development director or designee shall:

Report the failure together with the proposed change to the city council; and

Provide notice and put the matter on the city council’s agenda for the city council to hold a public hearing and make a decision. No further action shall be taken by the commission;

The city council shall:

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;

Consider the recommendation of the planning commission; however, the city council is not bound by the commission’s recommendation; and

Act by ordinance, which shall be signed by the mayor after the council’s adoption of the ordinance.

Vote Required for a Legislative Change.

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.

A vote by a majority of the qualified members of the city council present is required to decide any motion made on the proposal.

Notice of Decision. Notice of a Type IV decision shall be mailed to the applicant, all participants of record, and the Department of Land Conservation and Development, within five business days after the city council decision is filed with the community development director or designee. The city shall also provide notice to all persons as required by other applicable laws. 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.

Final Decision and Effective Date. A Type IV decision, if approved, shall take effect and shall become final as specified in the enacting ordinance, or if not approved, upon mailing of the notice of decision to the applicant.

Appeal. The decision of the review body regarding an appeal of a Type IV decision is the final decision of the city. A legislative decision may be appealed to the State Land Use Board of Appeals by a person with standing within 21 days of the written notice of decision.

Record of the Public Hearing.

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;

All exhibits received and displayed shall be marked to provide identification and shall be part of the record;

The official record shall include:

All materials considered by the hearings body;

All materials submitted by the community development director or designee to the hearings body regarding the application;

The verbatim record made by the stenographic, mechanical, or electronic means; the minutes of the hearing; and other documents considered;

The final ordinance;

All correspondence; and

A copy of the notices that were given as required by this chapter.

(Ord. 08-06 § 3, 2008; Ord. 10-02 Exh. A § B, 2010; Ord. 14-01 § 1 (Exh. A), 2014; Ord. 20-09 § 3 (Exh. B), 2020)

§ 4.1.600 General provisions applicable to all reviews – 120-day rule – Time computation – Pre-application conferences – Acceptance and review – Community development director’s duties – Amended applications – Resubmittal – Appeals.

One-Hundred-Twenty-Day Rule. The city shall take final action on Type I, II, and III permit applications that are subject to this chapter, including resolution of all appeals, within 120 days from the date the application is deemed as complete, unless the applicant requests an extension in writing. Any exceptions to this rule shall conform to the provisions of ORS 227.178. (The 120-day rule does not apply to Type IV legislative decisions or plan and code amendments under ORS 227.178.)

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 that is not a Saturday or legal holiday.

Pre-Application Conferences.

Applicant’s Responsibility. When a pre-application conference is required or requested, the applicant shall submit a summary of the proposal to the community development director with a nonrefundable fee at least seven days beforehand, then meet with the community development director or his/her designee(s) and other parties as appropriate at the scheduled time;

Information Provided. At such conference, the community development director or designee shall:

Cite the comprehensive plan policies and map designations applicable to the proposal;

Cite the ordinance provisions, including substantive and procedural requirements applicable to the proposal;

Provide available technical data and assistance that will aid the applicant;

Identify other governmental policies and regulations that relate to the application; and

Reasonably identify other opportunities or constraints concerning the application;

Disclaimer. Failure of the community development director 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;

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.

Agency Participation. The city shall invite agencies potentially affected by the proposal, including road authorities and transportation service providers, to participate in the preapplication conference, whether in person or in written comments.

Acceptance and Review of Applications.

Initiation of Applications.

Applications for approval under this chapter may be initiated by:

Order of city council;

ii.

Resolution of the planning commission;

iii.

The community development director or designee;

iv.

A record owner of property (person(s) whose name is on the most recently recorded deed), or contract purchaser with written permission from the record owner.

Any person authorized to submit an application for approval may be represented by an agent authorized in writing to make the application on their behalf.

Consolidation of Proceedings. When an applicant applies for more than one type of land use or development permit (e.g., Type II and III) for the same one or more parcels of land, the proceedings shall be consolidated for review and decision.

If more than one approval authority would be required to decide on the applications if submitted separately, then the decision shall be made by the approval authority having original jurisdiction over one of the applications, in the following order of preference: the council, the commission, or the community development director or designee.

When proceedings are consolidated:

The notice shall identify each application to be decided;

ii.

The decision on a plan map amendment shall precede the decision on a proposed zone 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.

Check for Acceptance and Completeness. In reviewing an application for completeness, the following procedure shall be used:

Acceptance. When an application is received by the city, the community development director or designee 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:

The required forms;

ii.

The required, nonrefundable fee;

iii.

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.

Completeness.

Review and Notification. After the application is accepted, the community development director or designee shall review the application for completeness. If the application is incomplete, the community development director or designee 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, or 14 days to submit a refusal statement;

ii.

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 community development director or designee of all required information. The applicant shall have the option of withdrawing the application, or refusing to submit information requested by the community development director or designee in this subsection (D)(3)(b). For the refusal to be valid, the refusal shall be made in writing and received by the community development director or designee no later than 14 days after the date on the community development director or designee’s letter of incompleteness. If the applicant refuses in writing to submit the missing information, the application shall be deemed complete for processing on the thirty-first day after the community development director or designee 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 it was first accepted.

iv.

Coordinated Review. The city shall also submit the application for review and comment to the city engineer, road authority, and other applicable county, state, and federal review agencies.

Changes or Additions to the Application During the Review Period. Once an application is deemed complete:

All documents and other evidence relied upon by the applicant shall be submitted to the community development director or designee 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 community development director or designee, and transmitted to the hearings body, but may be too late to include with the staff report and evaluation;

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;

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 alternative, 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;

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:

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 (SDC § 4.1.600(A)) 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;

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.

Community Development Director’s Duties. The community development director or designee shall:

Prepare application forms based on the criteria and standards in applicable state law, the city’s comprehensive plan, and implementing ordinance provisions;

Accept all development applications that comply with this section;

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 and findings may also provide a recommended decision of: approval, denial, or approval with specific conditions that ensure conformance with the review criteria;

Prepare a notice of the proposal decision:

In the case of an application subject to a Type I or II review process, the community development director or designee shall make the staff report and all case-file materials available at the time that the notice of the decision is issued;

In the case of an application subject to a hearing (Type III or IV process), the community development director or designee 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 SDC § 4.1.300(C) (Type II), 4.1.400(C) (Type III), or 4.1.500(D) (Type IV);

Administer the hearings process;

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;

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 that was considered by the decision-maker(s) on the application; and

Administer the appeals and review process.

Amended Decision Process.

The purpose of an amended decision process is to allow the community development director or designee to correct typographical errors, rectify inadvertent omissions and/or make other minor changes that do not materially alter the decision.

The community development director or designee 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 14 business days after the original decision would have become final, but in no event beyond the 120-day period required by state law. A new 10-day appeal period shall begin on the day the amended decision is issued.

Notice of an amended decision shall be given using the same mailing and distribution list as for the original decision notice.

Modifications to approved plans or conditions of approval requested by the applicant shall follow the procedures in Chapter 4.6 SDC. All other changes to decisions that are not modifications under Chapter 4.6 SDC follow the appeal process.

Resubmittal of Application Following Denial. An application that has been denied, or an application that was denied and on appeal or review has not been reversed by a higher authority, including the Land Use Board of Appeals, the land conservation and development commission or the courts, may not be resubmitted as the same or a substantially similar proposal for the same land for a period of at least 12 months from the date the final city action is made denying the application, unless there is substantial change in the facts or a change in city policy that would change the outcome, as determined by the community development director or designee.

(Ord. 08-06 § 3, 2008; Ord. 20-09 § 3 (Exh. B), 2020)

§ 4.1.700 (Reserved)

(Ord. 08-06 § 3, 2008)

§ 4.1.800 Neighborhood contact.

Applicants are encouraged to meet with adjacent property owners and neighborhood representatives prior to submitting their application to the city in order to solicit input and exchange information about the proposed development. An applicant is encouraged to hold a neighborhood meeting with a city-recognized neighborhood or community organization and adjacent property owners before submitting the application to the city.

(Ord. 08-06 § 3, 2008)

§ 4.1.900 Traffic impact studies.

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

When a Traffic Impact Study Is Required. The city or other road authority with jurisdiction may require a traffic impact study (TIS) as part of an application for development, a change in use, or a change in access. A TIS shall be required when a land use application involves one or more of the following actions:

A change in zoning or a plan amendment designation if required by the public works director;

Any proposed development or land use action resulting in an increase of 20 single-family dwellings or 200 average daily trips, whichever is less, per the Institute of Transportation Engineers (ITE) Trip Generation Manual;

Where a road authority states that it has operational or safety concerns with its facility(ies);

A change in land use that may cause an increase in use of adjacent streets by vehicles exceeding the 20,000 pound gross vehicle weights by 20 peak hour trips or more per day;

The location of the access driveway does not meet minimum sight distance requirements, or is located where vehicles entering or leaving the property are restricted, or such vehicles queue or hesitate on the state highway, creating a safety hazard;

A change in internal traffic patterns that may cause safety problems, such as backup onto a street or greater potential for traffic accidents;

An increase in traffic volume of 25 vehicles during the peak hour on a local residential or neighborhood collector residential street.

Traffic Impact Study Preparation. A traffic impact study shall be prepared and certified by a professional engineer in accordance with the requirements of the road authority and public works design standards, with the specific scope of work to be determined by the public works director. The study shall account for nearby development and past traffic impact studies, as determined by the public works director. If the road authority is the Oregon Department of Transportation (ODOT), consult ODOT’s regional development review planner and OAR 734-051-180.

Approval Criteria. The traffic impact study report shall be reviewed according to the following criteria:

The study complies with the content requirements set forth by the city and/or other road authorities as appropriate.

The study demonstrates that adequate transportation facilities exist to serve the proposed land use action or identifies mitigation measures that resolve identified traffic safety problems in a manner that is satisfactory to the road authority.

For affected city facilities, the study demonstrates that the project meets mobility and other applicable performance standards established in the adopted transportation system plan, and includes identification of multimodal solutions used to meet these standards, as needed.

The proposal demonstrates that mitigation measures will address any increases in traffic on affected neighborhood streets that result in total volumes greater than 1,200 average daily trips.

Proposed design and construction of transportation improvements are in accordance with the design standards and the access spacing standards specified in the transportation system plan.

Conditions of Approval.

The city may deny, approve, or approve a proposal with conditions necessary to meet operational and safety standards; provide the necessary right-of-way for planned improvements; and require construction of improvements to ensure consistency with the future planned transportation system.

Construction of off-site improvements may be required to mitigate impacts resulting from development that relate to capacity deficiencies and public safety; and/or to upgrade or construct public facilities to city standards.

Where the existing transportation system is shown to be impacted by the proposed use, improvements such as paving; curbing; installation of or contribution to traffic signals; and/or construction of sidewalks, bikeways, access ways, paths, or streets that serve the proposed use may be required.

The city may require mitigation actions to address traffic impacts that would add significant traffic volumes or change vehicle speeds on surrounding neighborhood or local streets, including beyond the following thresholds:

Average daily traffic volumes exceeding 1,200 vehicles on local residential streets.

Average speeds above 28 miles per hour (based on 85th percentile speed) on local residential or neighborhood collector residential streets.

Improvements required as a condition of development approval, when not voluntarily provided by the applicant, shall be roughly proportional to the impact of the development on transportation facilities. Findings in the development approval shall indicate how the required improvements directly relate to and are roughly proportional to the impact of development.

(Ord. 08-06 § 3, 2008; Ord. 20-09 § 3 (Exh. B), 2020)

§ 4.2.100 Purpose.

The purpose of this chapter is to:

Provide rules, regulations and standards for efficient and effective administration of land use and design review;

Carry out the development pattern and plan of the city and its comprehensive plan policies;

Promote the public health, safety and general welfare;

Provide adequate light and air, prevent overcrowding of land, and provide for adequate transportation, water supply, sewage, fire protection, pollution control, surface water management, and protection against natural hazards;

Encourage the conservation of energy resources; and

Encourage efficient use of land resources, full utilization of urban services, mixed uses, transportation options, and detailed, human-scaled design.

(Ord. 08-06 § 3, 2008)

§ 4.2.200 Applicability.

Land use review or design review shall be required for all new developments and modifications of existing developments described below, except existing single-family dwellings undergoing a remodel or minor addition (i.e., lot coverage increase by less than 50 percent over existing lot coverage). Regular maintenance, repair and replacement of materials (e.g., roof, siding, awnings, etc.), parking resurfacing and similar maintenance and repair shall be exempt from review.

Land Use Review. Land use review is a review conducted by the community development director or designee without a public hearing (Type I or II). See Chapter 4.1 SDC for review procedure. It is for changes in land use and developments that do not require a conditional use or design review approval. Land use review ensures compliance with the basic land use and development standards of the zone, such as lot area, building setbacks and orientation, lot coverage, maximum building height, and other provisions of Article 2. If the community development director decides to issue a formal written decision regarding the proposed activity, the decision will follow Type I or II procedures. Land use review is required for all of the types of land uses and development listed below. Land uses and developments exceeding the thresholds below require design review.

Change in occupancy from one type of land use to a different land use where any change in floor area or on-site parking is limited to 10 percent or less;

Single-family detached dwelling (including manufactured home on its own lot);

A single duplex, or up to two single-family attached (townhome) units not requiring a land division;

Minor modifications to development approvals as defined by Chapter 4.6;

Accessory dwelling, accessory structures (not exceeding 800 square feet of floor area) and parking facilities when accessory to a primary permitted use;

Public improvements required by a condition of approval (e.g., transportation facilities and improvements, parks, trails, and similar improvements, as determined by the community development director).

Design Review. Design review ensures compliance with the land use and development standards in Article 2 and the design standards and public improvement requirements in Article 3. All of the following actions are subject to design review:

Development for a new multifamily, attached single-family, commercial, industrial or institutional use, including land divisions, site preparation and construction of buildings, parking, landscaping, signage, and other site improvements for the same;

Change in occupancy from a less intensive land use to a more intensive land use resulting in development or exterior improvements, as evidenced by an increase in floor area, dwelling density, parking, trip generation, or similar factor(s), by more than 10 percent;

Building addition exceeding 1,000 square feet, or 10 percent of an existing structure, whichever is greater, where there is no change in occupancy or use;

Major modifications to development approvals as defined by Chapter 4.6 SDC;

Temporary uses, if required under Chapter 4.9 SDC;

Parking facilities when not accessory to a primary permitted use;

Public improvements, including but not limited to transportation facilities and improvements, buildings, modular buildings, parks, trails, and similar improvements, as determined by the community development director, if not subject to a prior land use approval.

(Ord. 08-06 § 3, 2008; Ord. 10-02 Exh. A § B, 2010; Ord. 21-04 § 23, 2021)

§ 4.2.300 Land use review procedure and review criteria.

When land use review is required, it shall be conducted prior to issuance of building permits, occupancy permits, business licenses, or public improvement permits, as determined by the community development director. The city shall conduct land use reviews using either a Type I or Type II procedure, as described in SDC §§ 4.1.200 and 4.1.300. A Type I procedure shall be used when the community development director finds that the applicable standards are clear and objective and do not require the exercise of discretion. A Type II procedure shall be used when the decision is discretionary in nature, but it does not involve any requested adjustments under SDC § 4.2.510. The community development director shall be responsible for determining the required review procedure. An application for land use review shall be approved only upon meeting all of the following criteria; the applicant shall bear the burden of proof.

The proposed land use and development are permitted by the underlying zone (Article 2);

The applicable development and design standards of the underlying zone and any applicable overlay district(s) are met (Article 2); and

The applicable access, parking, landscaping, signage and other requirements of Article 3 are met.

Building permits must be obtained subsequent to land use review. Land use reviews do not address a project’s compliance with applicable building, fire and life safety regulations.

(Ord. 08-06 § 3, 2008; Ord. 10-02 Exh. A § B, 2010)

§ 4.2.400 Design review – Application review procedure.

Design reviews are classified as limited land use decisions (Type II), except as provided by subsections (A) and (B) of this section:

Applications involving one or more adjustments, as provided in SDC § 4.2.510, are reviewed through a quasi-judicial (Type III) process and require a public hearing.

If the property is subject to an overlay zone, a quasi-judicial (Type III) public hearing may be required for design review approval. See the applicable overlay zone provisions under Chapters 2.5 through 2.8 SDC.

If the subject design review application is part of a larger request involving a conditional use or other quasi-judicial (Type III) action, the applications shall be combined and reviewed concurrently using the Type III procedure.

Land use decisions meeting the criteria under SDC § 4.2.300 are subject to land use review and do not require design review, except as may be required by subsections (A) through (C) of this section.

(Ord. 08-06 § 3, 2008)

§ 4.2.500 Design review – Application submission requirements.

All of the following information is required for design review application submittal:

General Submission Requirements. An application for design review shall contain all of the information required for a Type III review under SDC § 4.1.400, and provide:

Traffic Estimate. The application shall describe the proposed access to and from the site and estimate potential vehicle traffic increases resulting from the project. The community development director may require a traffic impact study, in accordance with SDC § 4.1.900; and

In situations where this code requires the dedication of property to the city, the city shall either (a) include in the written decision evidence that shows that the required property dedication is directly related to and roughly proportional to the projected impacts of the development on public facilities and services, or (b) not require the dedication as a condition of approval; this does not preclude the city from accepting voluntary dedications.

Design Review Information. In addition to the general submission requirements and number of required copies for a Type III review (SDC § 4.1.400), an applicant for design review shall provide the following information, as deemed applicable by the community development director. The community development director may deem applicable any information that he or she needs to review the request and prepare a complete staff report and recommendation to the review body.

Site Analysis Map. At a minimum the site analysis map shall contain the following:

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;

Topographic contour lines at two-foot intervals or less for slopes of less than 10 percent, and five-foot intervals for steeper slopes;

Identification of slopes greater than 12 percent, consistent with the method of measurement and contour intervals required by the city engineer;

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;

Potential natural hazard areas, including any flood areas subject to Chapter 2.5 SDC, areas subject to high water table, and areas mapped by the city, county, or state as having a potential for geologic hazards;

Resource areas, including marsh and wetland areas, streams, and wildlife habitat identified by the city or any natural resource regulatory agencies as requiring protection;

Site features, including existing structures, pavement, large rock outcroppings, areas having unique views, and drainage ways, canals and ditches;

Locally or federally designated historic and cultural resources on the site and adjacent parcels or lots;

See SDC § 3.6.150(C)(5) for tree submittal requirements;

North arrow, scale, names and addresses of all persons listed as owners of the subject property on the most recently recorded deed;

Name and address of project designer, engineer, surveyor, and/or planner, if applicable.

Proposed Site Plan. The site plan shall contain the following information:

The proposed development site, including boundaries, dimensions, and gross area;

Features identified on the existing site analysis maps that are proposed to remain on the site;

Features identified on the existing site map, if any, which are proposed to be removed or modified by the development;

The location and dimensions of all proposed public and private streets, drives, rights-of-way, and easements;

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;

The location and dimensions of entrances and exits to the site for vehicular, pedestrian, and bicycle access;

The location and dimensions of all parking and vehicle circulation areas (show striping for parking stalls and wheel stops);

Pedestrian and bicycle circulation areas, including sidewalks, internal pathways, pathway connections to adjacent properties, and any bicycle lanes or trails;

Loading and service areas for waste disposal, loading and delivery;

Outdoor recreation spaces, common areas, plazas, outdoor seating, street furniture, and similar improvements;

Location, type, and height of outdoor lighting;

Location of existing and proposed mailboxes;

Name and address of project designer, if applicable;

Locations of bus stops and other public or private transportation facilities;

Sign concept plan (e.g., locations, general size, style and materials of signs). (Signs are subject to review and approval under Chapter 15.16 SMC.)

Architectural Drawings. Architectural drawings showing one or all of the following shall be required for new buildings and major remodels:

Building elevations with building height and widths dimensioned, and materials labeled;

Building Materials, Colors and Type. A materials sample board may be required;

The name of the architect or designer.

Preliminary Grading Plan. A preliminary grading plan prepared by a registered engineer shall be required for development sites one-half acre or larger. The preliminary grading plan shall show the location and extent to which grading will take place, indicating general changes to contour lines, slope ratios, slope stabilization proposals, and location and height of retaining walls, if proposed. Surface water detention and treatment plans may also be required, in accordance with SDC § 3.4.400.

Landscape Plan. A landscape plan may be required and at the direction of the community development director shall show the following:

The location and height of existing and proposed fences, buffering or screening materials;

The location of existing and proposed terraces, retaining walls, decks, patios, shelters, and play areas;

The location, size, and species of the existing and proposed plant materials (at time of planting);

Existing and proposed building and pavement outlines;

Specifications for soil at time of planting, irrigation if plantings are not drought-tolerant (may be automatic-underground or other approved method of irrigation) and anticipated planting schedule;

Other information as deemed appropriate by the community development director. An arborist’s report may be required for sites with mature trees that are protected under Chapter 3.2 SDC, Landscaping, Street Trees, Fences and Walls;

Deed Restrictions. Copies of all existing and proposed restrictions or covenants, including those for access control;

Narrative. Letter or narrative report documenting compliance with the applicable review criteria contained in SDC § 4.2.600, Review criteria – Design review;

Traffic impact study, when required, shall be prepared in accordance with the road authority’s requirements. See SDC § 4.1.900 for relevant standards.

Other information determined by the community development director. The city may require studies or exhibits prepared by qualified professionals to address specific site features or project impacts (e.g., traffic, noise, environmental features, natural hazards, etc.), in conformance with this code.

(Ord. 08-06 § 3, 2008; Ord. 25-09 § 4, 2025)

§ 4.2.510 Design review – Adjustments (performance option).

Adjustments. The intent of this section is to allow reasonable flexibility and to promote creativity in project designs. An “adjustment” is a modification to a code standard (decrease, increase, waiver, or material substitution) resulting in a design that is as good or better than what would likely result under the standard with respect to the code’s intent; the adjustments may be approved only when the proposal is consistent with the stated purpose of the code. An application for design review may include, and the decision body may approve, a request for adjustment(s) to one or more of the site/building design standards in the following code sections:

SDC § 2.2.180:	Residential districts – Building orientation;
SDC § 2.2.190:	Residential districts – Architectural design standards;
SDC § 2.3.150:	Commercial districts – Building orientation and commercial block layout;
SDC § 2.3.170:	Commercial districts – Pedestrian amenities;
SDC § 2.3.180:	General commercial district design standards;
SDC § 2.3.200:	Downtown commercial district design standards;
SDC § 2.3.210:	Downtown commercial fringe district design standards;
Chapter 3.2 SDC:	Landscaping, Street Trees, Fences and Walls;
Chapter 3.3 SDC:	Parking and Loading.

Limitation. Allowable adjustments under this section are limited to the code provisions listed in subsection (A) of this section. Land use, density, structure height, lot coverage, setbacks, and other provisions not listed above are not to be adjusted or modified under this section.

Procedure. An adjustment request made under this section must be made in writing and submitted with a design review application. Design review applications involving adjustment(s) are reviewed by the planning commission through a Type III (quasi-judicial) public hearing procedure, which is outlined in SDC § 4.1.400. In acting on an adjustment request, the commission shall approve, deny, or approve with conditions the request concurrently with the subject design review application. The decision body shall approve an adjustment only upon finding that it conforms to the criteria in subsection (D) of this section.

Review Criteria. The city shall consider the following review criteria and may approve, approve with conditions, or deny a design review adjustment based on the following; the applicant shall bear the burden of proof.

Adjusting the subject code standard(s), i.e., decreasing, increasing, waiving, or making a material substitution, will result in a design that is as good or better than what would likely result under the base standard;

The adjustment is consistent with the code’s stated intent and is in the public interest; and

In interpreting the public interest, consideration shall be given to intended public benefits or protections such as compatibility with surrounding uses; pedestrian safety and comfort; complementary development scale, materials, and detailing; street visibility; and/or aesthetic concerns.

(Ord. 08-06 § 3, 2008; Ord. 10-02 Exh. A § B, 2010)

§ 4.2.600 Review criteria – Design review.

The city shall consider the following review criteria and may approve, approve with conditions, or deny a design review based on the following; the applicant shall bear the burden of proof.

Complete. The application is complete, as determined in accordance with Chapter 4.1 SDC, Types of Review Procedures, and SDC § 4.2.500;

Zoning District. The application complies with all of the applicable provisions of the underlying zoning district (Article 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;

Conformance. The applicant shall be required to upgrade any existing development that does not comply with the applicable zoning district standards, in conformance with Chapter 5.2 SDC, Nonconforming Uses and Development;

Design Standards. The application complies with all of the design standards in Article 3:

Article 2, design standards and special use standards of the applicable district;

Chapter 3.1 SDC, Access and Circulation;

Chapter 3.2 SDC, Landscaping, Street Trees, Fences and Walls;

Chapter 3.3 SDC, Parking and Loading;

Chapter 3.4 SDC, Public Facilities;

Chapter 3.6 SDC, Trees;

Conditions of Approval. Existing conditions of approval required as part of a prior land division (Chapter 4.3 SDC), conditional use (Chapter 4.4 SDC), planned development (Chapter 4.5 SDC) or other approval shall be met.

(Ord. 08-06 § 3, 2008; Ord. 10-02 Exh. A § B, 2010; Ord. 25-09 § 4, 2025)

§ 4.2.700 Bonding and assurances.

Performance Bonds for Public Improvements. On all projects where public improvements are required, the city shall require the developer to provide bonding or other performance guarantees acceptable to the public works director to ensure completion of required public improvements. The bond or other assurance (e.g., letter of irrevocable credit) shall be equal to 110 percent of the total construction cost estimate for all public infrastructure to be provided, as approved by the public works director, or designee. In addition, the construction cost estimate must either be an engineer’s estimate, in writing, or a copy of the contractor’s price agreement having sufficient detail for the public works director, or designee, to verify reasonable unit pricing.

Release of Performance Bonds. The bond or other assurance shall be released when the public works director, or designee, finds the public improvements are complete and conform to the site development approval, including all conditions of approval. Upon acceptance of the completed public improvements, a one-year warranty bond, deposit or other assurances approved by the public works director, or designee, shall be required and shall cover a minimum of 20 percent of the public improvements construction cost for the project.

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 community development director or a qualified landscape architect is filed with the community development director 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.

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. 08-06 § 3, 2008)

§ 4.2.800 Development in accordance with permit approval – Modifications – Permit expiration.

Development shall not commence until the applicant has received all of the appropriate land use and development approvals (i.e., 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 SDC § 4.2.700. Annexation agreements, where applicable, must also be met. Development review and design review approvals shall be subject to all of the following standards and limitations:

Modifications to Approved Plans and Developments. Minor modifications of an approved plan or existing development, as defined in Chapter 4.6 SDC, shall be processed as a Type I procedure and require only land use review. Major modifications, as defined in Chapter 4.6 SDC, shall be processed as a Type II or Type III procedure and shall require design review. For information on Type I, Type II and Type III procedures, please refer to Chapter 4.1 SDC. For modifications review criteria, please refer to Chapter 4.6 SDC.

Approval Period. Development review and design review approvals shall be effective for a period of one year from the date of approval. The approval shall lapse if:

A public improvement plan or building permit application for the project has not been submitted within one year of land use approval;

For projects requiring a land division, a public improvement plan or building permit application for the project has not been submitted within one year of final plat approval;

Construction on the site is in violation of the approved plan.

Extension. The planning commission may, upon written request by the applicant, grant a written extension of the approval period not to exceed one year; provided, that:

No changes are made on the original approved design review plan;

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

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 design review shall be required; and

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.

Phased Development. Phasing of development may be approved with the design review application, subject to the following standards and procedures:

A phasing plan shall be submitted with the design review application.

The planning commission shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than two years without reapplying for design review.

Approval of a phased design review proposal requires satisfaction of all of the following criteria:

The public facilities required to serve each phase are constructed in conjunction with or prior to each phase;

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 SDC § 4.2.700. A “temporary public facility” is any facility not constructed to the applicable city or district standard, subject to review by the city engineer;

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

An application for phasing may be approved after design review approval as a modification to the approved plan, in accordance with the procedures for minor modifications (Chapter 4.6 SDC).

All public improvements serving a particular phase must be complete and approved by the city engineer prior to on-site building permits being issued. Temporary facilities will not be allowed.

(Ord. 08-06 § 3, 2008; Ord. 10-02 Exh. A § B, 2010)

§ 4.3.100 Purpose.

The purpose of this chapter is to:

Provide rules, regulations and standards governing the approval of subdivisions, partitions and lot line adjustments:

Subdivisions are the creation of four or more lots from one parent lot, parcel or tract, within one calendar year;

Partitions are the creation of three or fewer lots within one calendar year;

Lot line adjustments are modifications to lot lines or parcel boundaries that do not result in the creation of new lots (includes consolidation of lots);

Carry out the city’s development pattern, as envisioned by the comprehensive plan;

Encourage efficient use of land resources, full utilization of urban services, and transportation options;

Promote the public health, safety and general welfare through orderly and efficient urbanization;

Encourage the conservation of energy resources.

(Ord. 08-06 § 3, 2008)

§ 4.3.110 General requirements.

Subdivision and Partition Approval Through Two-Step Process. Applications for subdivision or partition approval shall be processed by means of a preliminary plat evaluation and a final plat evaluation, according to the following two steps:

The preliminary plat must be approved before the final plat can be submitted for approval consideration; and

The final plat must include all conditions of approval of the preliminary plat and construction plans must be approved before the final plat may be considered for approval.

Compliance with ORS Chapter 92. All subdivision and partition proposals shall conform to state regulations in ORS Chapter 92, Subdivisions and Partitions.

Future Redivision Plan. When subdividing or partitioning tracts into large lots (i.e., greater than two times or 200 percent the minimum lot size allowed by the land use district), the city shall require that the lots be of such size, shape, and orientation as to facilitate future re-division in accordance with the requirements of the land use district and this code. A re-division plan shall be submitted for large lots identifying:

Potential future lot division(s), consistent with the densities and lot sizes in Article 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;

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.

Lot Size Averaging. Lot size may be averaged to allow lots less than the minimum lot size, as provided in SDC § 4.3.115, or when approved through a planned development under Chapter 4.5 SDC.

Temporary Sales Office. A temporary sales office in conjunction with a subdivision may be approved as set forth in SDC § 4.9.100, Temporary uses.

Minimize Flood Damage. All subdivisions and partitions shall be designed based on the need to minimize the risk of flood damage. See also Chapter 2.5 SDC, Floodplain Overlay District.

Determination of Base Flood Elevation. See Chapter 2.5 SDC, Floodplain Overlay District.

Need for Adequate Utilities. All lots created through land division shall have adequate public utilities and facilities such as sewer, gas, electrical, and water systems. These systems shall be located and constructed to prevent or minimize flood damage, and to avoid impairment of the system and contamination from them during flooding.

Need for Adequate Drainage. All subdivision and partition proposals shall have adequate surface water drainage facilities that reduce exposure to flood damage and improve water quality. Water quality or quantity control improvements may be required.

Floodplain, Park, and Open Space Dedication.

Where land filling and/or development is allowed within or adjacent to a regulatory floodplain in accordance with Chapter 2.5 SDC, and the comprehensive plan designates the subject floodplain for park, open space, or trail use, the city may require the dedication of sufficient open land area to accommodate planned improvements in accordance with its facility plans.

The city may require a greenway and/or trail adjoining or within the floodplain for transportation, storm drainage/water quality, or park purposes, consistent with facility plans.

When practicable, such areas shall include portions at a suitable elevation for the construction of a multi-use pathway in accordance with applicable facility plans. The city shall evaluate individual development proposals and determine whether the dedication of land is justified based on the development’s impact to the park and/or trail system, or stormwater management requirements, consistent with SDC §§ 3.4.200 and 3.4.400, and may assist in obtaining any floodplain permit that may be required.

Where the city determines that required open space areas are not to be dedicated to the public, such areas shall be protected and maintenance assured through a conservation easement or other legal instrument approved by the city council.

(Ord. 08-06 § 3, 2008)

§ 4.3.112 Preplanning for large sites.

Purpose. The purpose of this section is to require preplanning of large sites (i.e., in conjunction with annexations, planned development approvals, and subdivision approvals) and ensure the development of fully integrated, mixed-use pedestrian-oriented neighborhoods. The intent is to minimize traffic congestion, suburban sprawl, infrastructure costs, and environmental degradation, particularly as new development takes place on large parcels of land.

Applicability. This section applies to parcels, and development sites with more than one parcel in residential district(s) that are 20 acres or larger.

Area Plan Required. When an annexation or land division site contains 20 acres or more, prior to annexation and land division approval, the applicant shall prepare a specific area plan meeting the criteria in subsection (D) of this section. For the purposes of this section, the “site” shall be considered the area subject to an annexation request or land use application and any contiguous land under common ownership, except for land under common ownership that is located outside the urban growth boundary.

Land Use and Design Standards. The specific area plan required under subsection (C) of this section shall accommodate planned housing needs, employment uses, and public facilities, as applicable. Land needed for public use (e.g., schools, parks, fire stations, and other facilities) shall be designated on the master plan, in accordance with the city’s facility plans.

Implementation. Upon approval of a plan under the provisions of this section, the processing of development proposals shall follow the land division procedures in this chapter, and the land use review and/or design review procedures in Chapter 4.2 SDC, as applicable. Any modifications to the approved master plan shall be subject to the standards and procedures in Chapter 4.6 SDC, Modifications to Approved Plans and Conditions of Approval.

(Ord. 08-06 § 3, 2008)

§ 4.3.115 Flexible lot size – Lots without street frontage – Flag lots – Minisubdivisions.

Flexible Lot Size. To allow creativity and flexibility in subdivision design and to address physical constraints, such as areas subject to the hillside protection overlay, jurisdictional wetlands, floodplain, unusual parcel configuration, or similar constraint, the review body may grant a 10 percent adjustment to the lot area and/or lot dimension (width/depth) standards in SDC § 2.2.130 without the need for a variance under Chapter 5.1 SDC; provided, that the overall density of the subdivision does not exceed the allowable density of the district based on the developable area exclusive of right-of-way areas and the review body finds that granting the modification allows for a greater variety of housing types or it improves development compatibility with natural features or adjacent land uses. The review body may require that standard size lots be placed at the perimeter of the development where the abutting lots are standard size or larger; except that this provision shall not apply where the abutting lots are larger than 15,000 square feet.

Individual Lots without Street Frontage. Individual lots may be developed without frontage onto a public street when lot access is provided by an access easement approved by the city. Such access easements may be approved through the partitioning process when the review body finds that no other practicable alternative exists for accessing the lot and no new public street is required to meet the block length and street connectivity standards in Chapter 3.1 SDC. Access easements may be allowed as an alternative to requiring through streets where block lengths do not necessitate a through street. Such driveways and easements shall meet the driveway standards in Chapter 3.1 SDC. See also subsection (C) of this section, Flag Lots.

Flag Lots. Flag lots are discouraged and allowed only when absolutely necessary to provide adequate access to buildable sites in infill situations where the dedication and improvement of a public street cannot be provided or the lots take access from an access-restricted roadway. Flag lots are generally not allowed in new subdivisions. A single flag lot may be allowed in a subdivision, provided the variance process is undertaken and all review criteria are met. The review body may approve a flag lot in conjunction with a partition approval only where all lots in the partition meet all of the following criteria. Where the following criteria conflict with requirements of the applicable land use district, the following criteria shall apply:

The minimum lot area standards for the district must be met for all lots in the partition;

Not more than three parcels may receive vehicle access from the flag “pole” portion of the flag lot partition, provided one of the lots has adequate street frontage;

An irrevocable reciprocal access and maintenance easement, subject to review and approval of the community development director, shall be recorded on the plat;

The flag pole access must have a minimum width of 20 feet, except the city engineer may require a minimum width of 25 feet where the pole provides access to two or more lots;

A minimum building setback of five feet from the flag pole access shall be maintained;

The maximum length of any flag pole access shall be 150 feet, unless a turnaround has been approved by the Silverton fire marshal and such turnaround shall be included with the reciprocal access easement recorded on the final plat;

Driveway widths and paved sections shall conform to the standards in Chapter 3.1 SDC;

The review body may require landscape or fence screening along property lines to promote compatibility with abutting uses;

Design and locations of buildings on flag lots shall be such that normal traffic will have sufficient area to turn around, rather than necessitating backing motions down the flag pole or onto a public street. The review body may require special setback requirements at the time of approving the flag lot partition for this purpose.

Minisubdivisions. The standards listed in this subsection are intended for use in subdividing residential infill parcels.

The review body may approve variations to the street standards contained in the city of Silverton public works design standards when the following criteria are met:

The property to be subdivided is less than two acres in size and no more than eight lots will be created or served by the subject street;

The proposed subdivision meets the standards for lot size and configuration for the land use district;

Surrounding parcels are developed or are so physically incapable of being subdivided that combining the proposed subdivision with adjoining properties in a conventional subdivision is not feasible; and

The property is not needed for a continuation of the adjacent public street pattern, except that pedestrian connections may be required for the continuation of the pedestrian circulation system.

Upon meeting the criteria in subsection (D)(1) of this section, the review body may modify the applicable street standards as follows:

Dedication and Maintenance	Paved Width Street/Cul-de-sac (b)	On-Street		Right-of-Way (c)
Dedication and Maintenance	Paved Width Street/Cul-de-sac (b)	Curbs	Parking	Sidewalk	Street/Cul-de-sac
Public (a)	28 ft./30 ft.	Yes	One side	5 ft. one side	35 ft./35 ft. radius (c)

Notes:
(a)	A 10-foot public utility easement will be required on each side of the right-of-way.
(b)	Maximum street length is 400 feet.
(c)	A combination hammerhead/cul-de-sac may be required to promote neighborhood livability as well as satisfy fire district turnaround requirements.

(Ord. 08-06 § 3, 2008)

§ 4.3.120 Preliminary plat approval process.

Review of Final Plat. Review of a final plat for a subdivision or partition shall be processed as a Type I procedure under SDC § 4.1.200, using the review criteria in SDC § 4.3.160; the applicant shall bear the burden of proof.

Preliminary Plat Approval Period. Preliminary plat approval shall be effective for a period of three years from the date of approval. The preliminary plat shall lapse if a final plat has not been submitted within this period. The planning commission may approve phased projects, including planned developments, provided the time period between phases does not exceed three years.

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 4.6 SDC, Modifications to Approved Plans and Conditions of Approval. The community development director shall, upon written request by the applicant and payment of the required fee, grant one written extension of the approval period not to exceed one year; provided, that:

Any changes to the preliminary plat follow the procedures in Chapter 4.6 SDC;

The applicant has submitted written intent to file a final plat within the one-year extension period;

An extension of time will not prevent the lawful development of abutting properties;

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

The extension request is made before expiration of the original approved plan.

Phased Development.

The city may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period (i.e., for required public improvements, utilities, streets) for any partition or subdivision phase be more than three years without reapplying for preliminary plat approval on those remaining unrecorded phases;

The criteria for approving a phased land division proposal are:

Public facilities shall be constructed in conjunction with or prior to each phase;

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 SDC § 4.3.180. A “temporary public facility” is any facility not constructed to the applicable city or district standard;

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

The proposed time schedule for phased development approval shall be reviewed concurrently with the preliminary plat application, and the decision may be appealed in the same manner as the preliminary plat;

All public improvements serving a particular phase must be complete and approved by the city engineer prior to on-site building permits being issued. Temporary facilities will not be allowed.

(Ord. 08-06 § 3, 2008; Ord. 10-02 Exh. A § B, 2010)

§ 4.3.130 Preliminary plat submission requirements.

General Submission Requirements. For all partitions (three or fewer parcels) the application shall contain all of the information required for a Type II procedure under SDC § 4.1.300. For subdivisions, the Type III procedures under SDC § 4.1.400 shall be followed. Preliminary plats shall also provide the information in subsections (A)(1) and (2) of this section:

Preliminary Plat Information. In addition to the general information and number of required copies 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:

General Information.

Name of subdivision (not required for partitions). This name must not duplicate the name of another subdivision in the county (please check with county surveyor);

Date, north arrow, and scale of drawing;

Location of the development sufficient to define its location in the city, boundaries, and a legal description of the site;

A title block including the names, addresses and telephone numbers of the owners of the subject property and, as applicable, the designer, engineer and surveyor if any, and the date of the survey if submitted; and

Identification of the drawing as a “preliminary plat.”

Site Analysis.

Streets: location, name, present width of all streets, alleys and rights-of-way on and abutting the site;

Easements: width, location and purpose of all existing easements of record on and abutting the site;

Utilities: location and identity of all utilities on and abutting the site. If water mains and sewers are not on or abutting the site, indicate the direction and distance to the nearest one and show how utilities will be brought to standards;

Ground elevations shown by contour lines at five-foot vertical intervals for ground slopes exceeding 10 percent and at two-foot intervals, or less, for ground slopes of less than 10 percent or as required by the city engineer. Such ground elevations shall be related to some established benchmark or other datum approved by the county surveyor. Where the site is within a hillside protection overlay, contours shall be shown at intervals and using grade measurement methods as specified by the city engineer;

The location and elevation of the closest benchmark(s) within or adjacent to the site (i.e., for surveying purposes);

Potential natural hazard areas, including any floodplains, areas subject to high water table, landslide areas, and areas having a high erosion potential;

Wetland areas, streams, wildlife habitat, and other areas identified by the city or natural resource regulatory agencies as requiring protection. (See also relevant portions of the comprehensive plan);

Site features, including existing structures, pavement, large rock outcroppings, areas having unique views, and drainage ways, canals and ditches;

Designated historic and cultural resources on the site and adjacent parcels or lots;

See SDC § 3.6.150(C)(5) for tree submittal requirements;

North arrow and scale;

Name and address of project designer, if applicable; and

Other information, as deemed appropriate by the community development director. The city may require studies or exhibits prepared by qualified professionals to address specific site features and code requirements.

Proposed Improvements.

Public streets, tracts, driveways, open space and parkland; location, names, right-of-way dimensions, and approximate radius of street curves; and approximate finished street center line grades. All areas and tracts that are being held for private use and all reservations and restrictions relating to such private tracts shall be identified;

Easements: location, width and purpose of all proposed easements;

Lots and private tracts (e.g., private open space, common area, or street): approximate dimensions, area calculation (i.e., in square feet), and identification numbers for all proposed lots and tracts;

Proposed uses of the property, including all areas proposed to be dedicated to the public or reserved as open space for the purpose of surface water management, recreation, or other use; potential location of future buildings;

Proposed improvements, as required by Article 3, Community Design Standards, and timing of improvements (e.g., in the case of streets, sidewalks, street trees, utilities, etc.);

The proposed source of domestic water;

The proposed method of sewage disposal;

Proposed method of surface water drainage and treatment if required;

The approximate location and identity of other utilities, including the locations of street lighting fixtures;

Changes to navigable streams, or other watercourses. Status of public access to these areas shall be shown on the preliminary plat, as applicable;

Identification of the base flood elevation in accordance with Chapter 2.5 SDC;

Evidence of contact with the road authority for any development requiring access to its facility(ies); and

Evidence of written notice to the applicable natural resource regulatory agency(ies) for any development within or adjacent to jurisdictional wetlands, and other areas requiring protection or conservation.

(Ord. 08-06 § 3, 2008; Ord. 25-09 § 5, 2025)

§ 4.3.140 Review criteria – Preliminary plat.

General Review Criteria. The city shall consider the following review criteria and may approve, approve with conditions, or deny a preliminary plat based on the following; the applicant shall bear the burden of proof.

The proposed preliminary plat complies with the applicable development code sections and all other applicable ordinances and regulations. At a minimum, the provisions of this article, and the applicable chapters and sections of Article 2, Land Use (Zoning) Districts, and Article 3, Community Design Standards shall apply. Where a variance is necessary to receive preliminary plat approval, the application shall also comply with the relevant sections of Article 5;

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 already approved for adjoining property or to provide for logical extension to future properties as to width, general direction and in all other respects. All proposed public improvements and dedications are identified on the preliminary plat;

If any part of the site is located within an overlay zone, or previously approved planned development, it shall conform to the applicable regulations and/or conditions;

Evidence that any required state and federal permits have been obtained, or shall be obtained before approval of the final plat;

Evidence that improvements or conditions required by the city, road authority, county, special districts, utilities, and/or other service providers, as applicable to the project, have been or can be met; and

If applicable, all proposed private common areas and improvements (e.g., homeowner association property) are identified on the preliminary plat, and appropriate covenants, conditions and restrictions (CC&Rs) are provided.

Layout and Design of Streets, Blocks and Lots. All proposed blocks (i.e., one or more lots bound by public streets), lots and parcels conform to the specific requirements below:

All lots shall comply with the lot area, setback, and dimensional requirements of the applicable land use district (Article 2), and the standards of SDC § 3.4.100(G), Subdivision Street Connectivity.

Setbacks shall be as required by the applicable land use district (Article 2).

Each lot shall conform to the standards of Chapter 3.1 SDC, Access and Circulation.

Landscaping or other screening may be required to maintain privacy for abutting uses. See Article 2, Land Use (Zoning) Districts, and Chapter 3.2 SDC, Landscaping, Street Trees, Fences and Walls.

In conformance with the International Fire Code, a 12-foot-wide paved fire apparatus access drive within a 20-foot fire apparatus lane shall be provided to serve all portions of a building that are located more than 150 feet from a public right-of-way or other approved access drive. See also Chapter 3.1 SDC, Access and Circulation.

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.

All applicable engineering design standards for streets, utilities, surface water management, and easements shall be met.

Open Space and Park Dedication. Requirements for open space and/or park dedication, as provided in SDC § 3.4.200, Public use areas, and SDC § 4.3.110(J), Floodplain, Park, and Open Space Dedication, are met.

Conditions of Approval. The city may attach such conditions as are necessary to carry out provisions of this code, and other applicable ordinances and regulations, and may require reserve strips be granted to the city for the purpose of controlling access to adjoining undeveloped properties. See Chapter 3.4 SDC, Public Facilities.

(Ord. 08-06 § 3, 2008; Ord. 10-02 Exh. A § B, 2010)

§ 4.3.150 Variances authorized.

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

(Ord. 08-06 § 3, 2008)

§ 4.3.160 Final plat submission requirements and review criteria.

Submission Requirements. Final plats shall require review and approval by the city prior to recording with the county. The applicant shall submit the final plat within three years of the approval of the preliminary plat as provided by SDC § 4.3.120. Specific information about the format and size of the plat, number of copies and other detailed information can be obtained from the community development director. Extensions may be granted pursuant to SDC § 4.3.120(C).

Approval Process and Review Criteria. By means of a Type I procedure, the community development director and city engineer, or the planning commission, shall review the final plat and shall approve or deny it based on findings regarding compliance with the following criteria:

The final plat is consistent in design (e.g., number, area, dimensions of lots, easements, tracts, right-of-way) with the approved preliminary plat, and all conditions of approval have been satisfied;

All permit fees and deposits have been paid;

All public improvements required by the preliminary plat have been installed and approved by the city engineer or appropriate service provider (e.g., road authority). Alternatively, the developer has provided a performance guarantee in accordance with SDC § 4.3.180;

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;

The areas and tracts held for private uses have been approved by the city as conforming to the preliminary plat;

The plat and deed contain a dedication to the public of all public use areas, public improvements, and associated easements, including but not limited to streets, public pathways and trails, access reserve strips, parks, open space, sewage disposal, storm drainage and water supply systems;

The applicant has provided copies of all recorded homeowners’ association covenants, conditions 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;

The plat complies with the applicable sections of this code (i.e., there have been no changes in land use or development resulting in a code violation since preliminary plat approval);

Certification by the city or service district, as applicable, that water and sanitary sewer service is available to every lot depicted on the plat; or bond, contract or other assurance has been provided by the subdivider/partitioner to the city that such services will be installed in accordance with Chapter 3.4 SDC, Public Facilities, and the bond requirements of SDC § 4.3.180. The amount of the bond, contract or other assurance by the subdivider/partitioner shall be determined by a registered professional engineer, subject to review and approval by the city;

10.

The plat contains an affidavit by the surveyor who surveyed the land, represented on the plat to the effect that the land was correctly surveyed and marked with proper monuments as provided by ORS Chapter 92, indicating the initial point of the survey, and giving the dimensions and kind of such monument and its reference to some corner approved by the county surveyor for purposes of identifying its location.

(Ord. 08-06 § 3, 2008)

§ 4.3.170 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/partitioner shall provide a performance guarantee, in accordance with SDC § 4.3.180. Temporary public facilities will not be allowed.

(Ord. 08-06 § 3, 2008)

§ 4.3.180 Performance guarantee.

Performance Bonds for Public Improvements. On all projects where public improvements are required, the city shall require the developer or subdivider to provide bonding or other performance guarantees acceptable to the public works director to ensure completion of required public improvements. The bond or other assurance (e.g., letter of irrevocable credit) shall be equal to 110 percent of the total construction cost estimate for all public infrastructure to be provided, as approved by the public works director, or designee. In addition, the construction cost estimate must either be an engineer’s estimate, in writing, or a copy of the contractor’s price agreement having sufficient detail for the public works director, or designee, to verify reasonable unit pricing.

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 a qualified landscape architect is filed with the community development director 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.

When Subdivider Fails to Perform. In the event the developer fails to carry out all provisions of the agreement and the city has unreimbursed costs or expenses resulting from such failure, the city shall call on the bond, cash deposit or letter of credit for reimbursement.

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. 08-06 § 3, 2008)

§ 4.3.190 Filing and recording.

Filing Plat with County. Within 60 days of the city approval of the final plat, the applicant shall submit the final plat to the county for signatures of county officials as required by ORS Chapter 92.

Proof of Recording. Upon final recording with the county, the applicant shall submit to the city a mylar copy and five 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.

Prerequisites to Recording the Plat.

No plat shall be recorded unless all ad valorem taxes and all special assessments, fees, or other charges required by law to be placed on the tax roll have been paid in the manner provided by ORS Chapter 92;

No plat shall be recorded until it is approved by the county surveyor in the manner provided by ORS Chapter 92.

(Ord. 08-06 § 3, 2008)

§ 4.3.200 Re-platting and vacation of plats and easements.

Re-platting and Vacations. Any plat or portion thereof or easement may be re-platted or vacated upon receiving an application signed by all of the owners as appearing on the deed.

Procedure. All applications for a re-plat or vacation shall be processed in accordance with the procedures and standards for a subdivision or partition (i.e., the same process used to create the plat shall be used to re-plat or vacate the plat). The same appeal rights provided through the subdivision and partition process shall be afforded to the plat vacation process. (See Chapter 4.1 SDC, Types of Review Procedures.) The road authority(ies) shall be notified of all applications for re-plats and street vacations. All street vacations shall also conform to ORS Chapter 271.

Basis for Denial. A re-plat or vacation application may be denied if it abridges or destroys any public right in any of its public uses, improvements, streets or alleys; or if it fails to meet any applicable criteria.

Recording of Vacations. All approved plat vacations shall be recorded in accordance with SDC § 4.3.190 and the following procedures:

Once recorded, a re-plat or vacation shall operate to eliminate the force and effect of the plat prior to vacation; and

Vacations shall also divest all public rights in the streets, alleys and public grounds, and all dedications described on the plat.

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.

Street Requirement. Except as prohibited by law (e.g., ORS 92.837, Manufactured Home Park), in approving a right-of-way vacation or re-plat, the city may require dedication of access ways, paths or trails as a condition of the vacation of any public easement or right-of-way, in order to establish or maintain a safe, convenient and direct pedestrian and bicycle circulation system. Such requirements shall be coordinated with the applicable road authority.

(Ord. 08-06 § 3, 2008)

§ 4.3.210 Property line adjustments.

A “property line adjustment” is the modification of lot boundaries, when no lot is created or removed. The application submission and approval process is as follows:

Submission Requirements. All applications for property line adjustment shall be made on forms provided by the city and shall include information required for a Type II application, as governed by SDC § 4.1.300. The application shall include a preliminary lot line map drawn to scale identifying all existing and proposed lot lines and dimensions; footprints and dimensions of existing structures (including accessory structures); location and dimensions of driveways and public and private streets within or abutting the subject lots; wetlands; floodplain; existing fences and walls; and any other information deemed necessary by the community development director or designee for ensuring compliance with city codes.

Approval Process.

Decision-Making Process. Property line adjustments shall be reviewed by means of a Type II procedure, as governed by SDC § 4.1.300, using review criteria contained in subsection (C) of this section. The road authority(ies) shall be notified of lot line adjustments that may affect property access or traffic volumes or operations on their facilities.

Time Limit on Approval. The property line adjustment approval shall be effective for a period of one year from the date of approval, during which time it must be recorded.

Lapsing of Approval. The property line adjustment approval shall lapse if:

The property line adjustment is not recorded within the time limit in subsection (B)(2) of this section;

The property line adjustment has been improperly recorded with the county without the satisfactory completion of all conditions attached to the approval; or

The final recording is a departure from the approved plan.

Review Criteria. The community development director or designee shall consider the following review criteria and may approve, approve with conditions or deny a request for a property line adjustment in writing based on all of the following:

Parcel Creation. No additional parcel or lot is created or removed by the lot line adjustment;

Lot Standards. All lots and parcels conform to the applicable lot standards of the land use district (Article 2) including lot area, dimensions, setbacks, and coverage, and no resulting lot is wholly comprised of a flood hazard area or jurisdictional wetland;

Access and Road Authority Standards. All lots and parcels conform to the standards or requirements of Chapter 3.1 SDC, Access and Circulation, and all applicable road authority requirements are met. If a lot is nonconforming to any city or road authority standard, it shall not be made even less conforming by the property line adjustment.

Recording Property Line Adjustments.

Recording. Upon the city’s approval of the proposed property line adjustment, the applicant shall record the property line adjustment with the county within one year of approval (or the decision expires), and submit a copy of the recorded survey map to the city, to be filed with the approved application.

Time Limit. The applicant shall submit a copy of the recorded property 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.

Extension. The community development director shall, upon written request by the applicant and payment of the required fee, grant a written extension of the approval period not to exceed one year; provided, that:

No changes are made to the original property line adjustment as approved by the city;

The applicant can show intent of recording the approved plan within the one-year extension period;

There have been no changes in the applicable code or plan provisions on which the approval was based. In the case where the property line adjustment conflicts with a code change, the extension shall be denied; and

The extension request is made before expiration of the original approved plan.

(Ord. 08-06 § 3, 2008; Ord. 10-02 Exh. A § B, 2010)

§ 4.3.220 Lot consolidations.

A lot consolidation is the removal of a lot line(s) within a site to create one lot. The application submission and approval process is as follows:

Submission Requirements. All applications for lot consolidations shall be made on forms provided by the city and shall include information required for a Type I application, as governed by SDC § 4.1.200. The application shall include a preliminary map drawn to scale identifying all existing and proposed lot lines and dimensions; footprints and dimensions of existing structures (including accessory structures); location and dimensions of driveways and public and private streets within or abutting the subject lots; wetlands; flood plain; existing fences and walls; easements, required fee, and any other information deemed necessary by the community development director or designee for ensuring compliance with city codes.

Approval Process.

Decision-Making Process. Property line adjustments shall be reviewed by means of a Type I procedure, as governed by SDC § 4.1.200, using review criteria contained in subsection (C) of this section.

Time Limit on Approval. The property line adjustment approval shall be effective for a period of one year from the date of approval, during which time it must be recorded.

Review Criteria. The community development director or designee shall consider the following review criteria and may approve, approve with conditions or deny a request for a lot consolidation in writing based on all of the following, and the applicant shall bear the burden of proof:

One Lot Created. The application results in lot lines being removed within a site to create one lot.

Allowed Land Uses. The application is consistent with the allowed land uses of the zoning district.

Zoning. The lots involved in the application are designated the same zoning district. A zone change application may be filed concurrently with a lot consolidation application if the lots involved do not have the same zoning designation. Approval of the lot consolidation will be dependent on approval of the zone change and all applicable review criteria.

Recording Lot Consolidations.

Recording. Upon the city’s approval of the proposed lot consolidation, the applicant shall record the lot consolidation with the county within one year of approval (or the decision expires), and submit a copy of the recorded survey map to the city, to be filed with the approved application.

For the consolidation of lots or parcels of a recorded plat, the lot consolidation shall be finalized by a replat of the subdivision or partition.

The county assessor may consolidate parcels or tracts of land that are not within a recorded plat.

No changes are made to the original lot consolidation as approved by the city;

The applicant can show intent of recording the approved plan within the one-year extension period;

There have been no changes in the applicable code or plan provisions on which the approval was based. In the case where the lot consolidation conflicts with a code change, the extension shall be denied; and

The extension request is made before expiration of the original approved plan.

(Ord. 14-01 § 1 (Exh. A), 2014)

§ 4.4.100 Conditional uses – Purpose.

There are certain uses which, 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 Article 2, Land Use (Zoning) 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. 08-06 § 3, 2008)

§ 4.4.200 Conditional uses – Approval process.

Initial Application. An application for a new conditional use shall be processed as a Type III procedure (SDC § 4.1.400). The application shall meet submission requirements in SDC § 4.4.300 and the review criteria contained in SDC § 4.4.400.

Modification of Approved or Existing Conditional Use. Modifications to approved or existing conditional uses shall be processed in accordance with Chapter 4.6 SDC, Modifications to Approved Plans and Conditions of Approval.

New Application for Conditional Use. When activities requiring conditional use approval have ceased for more than one year, the conditional use is no longer valid. Reestablishment of the conditional use must be approved through the Type III procedure process.

(Ord. 08-06 § 3, 2008; Ord. 10-02 Exh. A § B, 2010)

§ 4.4.300 Conditional uses – Application submission requirements.

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 SDC § 4.2.500, Design review – Application submission requirements. Five copies of the application shall be submitted for the initial review by city staff. An additional seven copies of the complete application shall be submitted by a date the community development director requires (i.e., for the planning commission hearing):

Existing site conditions;

Site plan;

Preliminary grading plan;

A landscape plan;

Architectural drawings of all structures;

Sign concept plan (e.g., locations, general size, style and materials of signs);

A copy of all existing and proposed restrictions or covenants;

Narrative report or letter documenting compliance with all applicable review criteria in SDC § 4.4.400.

(Ord. 08-06 § 3, 2008)

§ 4.4.400 Conditional uses – Criteria, standards and conditions of approval.

The review body shall consider the following review criteria and may 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 standards and review criteria in subsections (A) through (C) of this section; the applicant shall bear the burden of proof.

Review Criteria.

The proposal satisfies the conditional use application submittal and content requirements;

The proposed use is listed as a conditional use in the zoning district, or the review body has determined it is similar to a use listed as such;

The proposed use will be compatible with existing and reasonable anticipated uses in the district in terms of size and intensity of use; building scale, style, materials, and detailing; setbacks and lot coverage; landscaping; and other relevant code considerations; or the proposal provides for mitigation of difference in appearance, scale or intensity through such means as setbacks, screening, landscaping, or other design features that achieve the intended compatibility;

The proposed use will not have adverse noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, aesthetic or other similar impacts that would be out of character for permitted uses in the district;

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 conditions of approval;

The transportation system is capable of supporting the proposed use, in addition to the existing uses in the subject area. Evaluation factors include, but are not limited to, street capacity and level of service, on-street parking impacts, access requirements, and pedestrian safety and comfort;

Public services for water, sanitary and storm sewer, water management, and fire and police protection are capable of servicing the proposed use;

The proposal will not have significant adverse impacts on the livability of nearby residentially zoned lands due to noise, glare, litter, hours of operation, privacy and safety; and

Any special features of the site such as topography, floodplain, wetlands, vegetation, historic resources, and any other similar features, have been adequately considered and safeguarded, and the characteristics of the site are suitable for the proposed use considering size, shape, location, topography and location of improvements and natural features.

Site Design Standards. Conditional use applications must conform to the design review criteria in SDC § 4.2.600.

Conditions of Approval. The review body 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:

Limiting the hours, days, place and/or manner of operation;

Requiring site or architectural design features that minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor and/or dust;

Requiring larger setback areas, lot area, and/or lot depth or width;

Limiting the building or structure height, size or lot coverage, and/or location on the site;

Designating the size, number, location and/or design of vehicle access points or parking areas;

Requiring street right-of-way to be dedicated and street(s), sidewalks, curbs, planting strips, pathways, or trails to be improved;

Requiring landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas;

Limiting the number, size, location, height and/or lighting of buildings, signs, or other physical improvements;

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, wetlands, watercourses, habitat areas, drainage areas, historic resources, and/or cultural resources;

13.

Requiring the dedication of sufficient land to the public, and/or construction of pedestrian/bicycle pathways in accordance with the adopted plans, or requiring the recording of a local improvement district nonremonstrance agreement for the same. Dedication of land and construction shall conform to the provisions of Chapter 3.1 SDC, and SDC § 3.1.300 in particular;

14.

Requiring financial security (bonds, petitions, etc.) to ensure completion of the proposed development and/or removal of the improvements at the cessation of the development; and/or

15.

Establishing a timetable for periodic review and renewal, or expiration, of the conditional use subject to approval by the community development director through a Type II administrative review.

No changes are made to the original property line adjustment as approved by the city;

The applicant can show intent of recording the approved plan within the one-year extension period;

The extension request is made before expiration of the original approved plan.

(Ord. 08-06 § 3, 2008; Ord. 10-02 Exh. A § B, 2010)

§ 4.4.500 Conditional uses – Additional development standards.

Concurrent Variance Application(s). A conditional use 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.

Additional Development Standards. Development standards for specific uses are contained in Article 2, Land Use (Zoning) Districts.

(Ord. 08-06 § 3, 2008)

§ 4.5.100 Planned development – Purpose.

The purposes of this section are to:

Implement the comprehensive plan and applicable land use district(s) by providing a means for master planning large development sites, or sites with unique physical or ecological attributes;

Encourage innovative planning that results in projects that benefit the community (i.e., through compatible mixed-use development, affordable housing, improved protection of open spaces, transportation options and consistent application of standards in phased developments);

Encourage developments that recognize the relationship between buildings, their use, open space, and transportation options, providing varied opportunities for innovative and diversified employment environments;

Facilitate the efficient use of land;

Promote an economic arrangement of land use, buildings, circulation systems, open space, and utilities;

Preserve to the greatest extent possible the existing landscape features and amenities that may not otherwise be protected through conventional development;

Encourage energy conservation and improved air and water quality; and

Assist the city in planning infrastructure improvements.

(Ord. 08-06 § 3, 2008)

§ 4.5.110 Planned development – Applicability.

The planned development designation is a development process that may be applied to any of the city’s land use districts. An applicant may elect to develop a project as a planned development in compliance with the requirements of this chapter, or the city may require a development be processed as such when a project cannot otherwise meet the applicable development code requirements, contains significant natural features, or is subject to the hillside protection overlay.

(Ord. 08-06 § 3, 2008)

§ 4.5.120 Planned development – Review and approvals process.

Review Steps. There are three required steps to planned development approval, which may be reviewed individually or combined into one package for concurrent review:

The approval of a planned development concept plan;

The approval of a detailed development plan; and

The approval of a preliminary subdivision plat(s) and/or design review application(s).

Approval Process.

The planned development (PD) concept plan shall be reviewed together using the Type III procedure in SDC § 4.1.400, the submission requirements in SDC § 4.5.170, and the review criteria in SDC § 4.5.150.

The detailed development plan shall be reviewed using the Type III procedure in SDC § 4.1.400, to ensure substantial compliance with the approved concept plan.

Preliminary subdivision plats and design review applications for approved planned developments shall be reviewed using a Type II procedure, as governed by SDC § 4.1.300.

Subsections (B)(1) through (3) of this section may be combined in any manner, so long as the decision-making sequence follows that in subsection (A) of this section. Notification and hearings may be combined.

(Ord. 08-06 § 3, 2008)

§ 4.5.130 Planned development – Modification of district standards (Article 2) and design standards (Article 3).

The planning commission may approve modifications or adjustments to the standards in Article 2 and/or Article 3 through the planned development approval without the need for variances upon finding that all of the following criteria are met:

Comprehensive Plan. The modification or adjustment equally or better meets the intent of the comprehensive plan and development code section(s) to be modified, as compared to a project that strictly conforms to code standards.

Public Benefit. The modification or adjustment results in an overall net benefit to the public; e.g., clustering of smaller lots results in a greater variety of housing, greater affordability in housing, more open space or more usable open space, greater protection of natural features, avoidance of natural hazards (e.g., geological hazards or drainage ways), superior architecture, and/or improved transportation planning in new development.

Public improvement standards and engineering design criteria shall not be modified without variance to such standards approved by the city engineer. The city may grant such variances concurrently with the planned development;

Residential densities shall not exceed those allowed under the comprehensive plan and where steep slopes exist shall follow the procedures found in Chapter 2.6 SDC;

Commercial and mixed-use developments may be approved in a residential district planned development, provided the commercial component of the project, including building area, parking and landscape/commercial common area, does not exceed 20 percent of the subject planned development land area; and

Industrial uses shall not be allowed in a residential district planned development.

(Ord. 08-06 § 3, 2008)

§ 4.5.140 Planned development – Concept plan submission.

The applicant shall submit five copies of all of the following information, subsections (A) and (B) of this section, for the initial review by city staff. An additional seven copies of the complete application shall be submitted for the planning commission hearing, by a date the community development director specifies.

General Submission Requirements. The applicant shall submit an application containing all of the general information required for a Type III procedure, as governed by SDC § 4.1.400. In addition, the applicant shall submit all of the following:

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;

A development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed;

A statement of the applicant’s intentions with regard to the future selling or leasing of all or portions of the planned development;

Narrative report or letter documenting compliance with the applicable review criteria contained in SDC § 4.5.150; and

Special studies prepared by qualified professionals (e.g., engineers or scientists) may be required by the community development director, planning commission or city council to determine potential traffic, geologic, stormwater, environmental, natural resource and other impacts, and required mitigation.

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:

Existing conditions map, as defined in SDC § 4.2.500, Design review – Application submission requirements;

Conceptual site plan (e.g., general land use, building envelopes, circulation, open space, utility connections, and other information necessary to convey the concept plan);

Grading concept (for hillside or sloping properties, or where extensive grading is anticipated), consistent with the hillside protection overlay, as applicable;

Landscape concept (e.g., shows retention of existing vegetation and general planting areas);

Architectural concept (e.g., information sufficient to describe architectural styles, building heights, and general materials);

Sign concept plan (e.g., locations, general size, style and materials of signs); and

Copy of all existing covenants and restrictions, and general description of proposed restrictions or covenants (e.g., for common areas, access, parking, etc.).

(Ord. 08-06 § 3, 2008)

§ 4.5.150 Planned development – Concept plan review criteria.

The city shall consider the following review criteria and may approve, approve with conditions, or deny a planned development concept plan based on the following; the applicant shall bear the burden of proof.

Comprehensive Plan. All relevant provisions of the comprehensive plan are met;

Land Division Chapter. All of the requirements for land divisions, including requirements for pre-planning large sites under SDC § 4.3.112;

Article 2 and Article 3 Standards. All of the land use, development, and design standards contained in Articles 2 and 3 are met, except as may be modified in SDC § 4.5.130.

Open Space. Master plans shall contain a minimum of 15 percent usable common open space. Common open space shall be integral to the master plan. Plans shall emphasize public gathering places such as plazas, neighborhood parks, trails, and other publicly accessible spaces that integrate land use and transportation and contribute toward a sense of place. Where public or common private open space is designated, the following standards apply:

The open space area shall be shown on and recorded with the final plat; and

The open space shall be conveyed in accordance with one of the following methods:

By dedication to the city as publicly owned and maintained open space. Open space proposed for dedication must be acceptable to the community development director 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;

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 conveyance must include provisions (e.g., maintenance, property tax payment, etc.) suitable to the city.

(Ord. 08-06 § 3, 2008; Ord. 10-02 Exh. A § B, 2010)

§ 4.5.160 Planned development – Administrative procedures.

Time Limit on Filing of Detailed Development Plan. Within three years after the date of approval of the concept plan, the applicant or his or her successor shall file with the city a detailed development plan, in conformance with SDC §§ 4.5.170 and 4.5.180.

Extension. The city may, upon written request by the applicant and payment of the required fee, grant an extension of the approval not to exceed one year; provided, that:

No changes have been made on the original conceptual development plan as approved;

The applicant can show intent of applying for detailed development plan review within the one-year extension period;

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

The extension request is made before expiration of the original approval period.

(Ord. 08-06 § 3, 2008)

§ 4.5.170 Planned development – Detailed development plan submission requirements.

The contents of the detailed development plan shall follow the requirements specified for a conceptual plan incorporating any conditions of approval for the conceptual plan as well as contain the following:

Location and floor area of existing and proposed structures and other improvements, including maximum heights, building types, and gross density per acre (for residential developments) and location of fire hydrants, overhead lines in the abutting right-of-way, easements and walkways;

Typical elevations of buildings and structures (which may be submitted on additional sheets) sufficient to indicate the architectural intent and character of the proposed development;

Landscape plan drawn to scale showing location of existing trees and vegetation proposed to be removed from or to be retained on the site, location and design of landscape areas, varieties and sizes of trees and plant materials to be planted, other landscape features including walls and fences, and irrigation systems required to maintain plant materials. See SDC § 3.6.150(C)(5) for tree submittal requirements;

Detailed utilities plan indicating how sanitary sewer, storm sewer, drainage, and water systems will function;

Circulation plan showing street, driveway, parking area, service area, loading area, pedestrian way, and bikeway improvements and their dimensions;

Location and dimensions of all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semipublic areas;

Exterior lighting plan indicating the location, size, height, typical design, material, color, and method and direction of illumination.

The detailed development plan may combine land division, development review, design review, and/or other applications for concurrent review and approval. The detailed development plan shall be reviewed using a Type III procedure.

(Ord. 08-06 § 3, 2008; Ord. 25-09 § 6, 2025)

§ 4.5.180 Planned development – Detailed development plan review criteria.

The city shall approve the detailed development plan upon finding that the final plan conforms to the concept plan and required conditions of approval. If the detailed plan request combines other land use and development applications, as provided in this section, those applications shall additionally be subject to the applicable review criteria in Article 4. Minor changes to the approved concept plan may be approved with the detailed plan, when the review body finds that the modification(s) is/are consistent with the criteria in subsections (A) through (H) of this section. Changes exceeding those in subsections (A) through (H) of this section must be reviewed as major modifications under Chapter 4.6 SDC.

Increased residential densities (overall or reallocated between development phases) by no more than 10 percent from the concept plan, provided such increase conforms to the comprehensive plan and underlying district;

Increase in lot coverage or impervious surface (overall or reallocated between development phases) by no more than 10 percent over that which is approved;

Reduction in open space or landscaping by no more than 10 percent;

Increase in overall automobile parking spaces by no more than 10 percent;

Land Use. No change in land use shall be permitted without a major modification to the concept plan;

Proposals to add or increase lot coverage within areas subject to a potential hazard or requiring protection under the comprehensive plan shall require a major modification to the concept plan;

Major changes in the location of buildings, proposed streets, parking lot configuration, utility easements, landscaping or other site improvements shall require a major modification pursuant to Chapter 4.6 SDC. “Major” in this subsection means by more than 100 feet, or 10 percent, relative to setbacks; and

Other substantial modifications not listed in subsections (A) through (G) of this section shall require approval of a major modification, in conformance with Chapter 4.6 SDC.

(Ord. 08-06 § 3, 2008)

§ 4.5.190 Planned development – Land use review, design review, final plat, and building permit approvals.

Land Use and Design Reviews. For projects requiring land use or design review, all such approvals must be final and appeal periods expired before the city issues building permits. Chapter 4.2 SDC applies to design review.

Land Divisions. For projects requiring a land division, the preliminary land division plats must be final and appeal periods expired before a final plat is approved and building permits issued. Chapter 4.3 SDC applies to land divisions.

Streamlined Review Option. Applications for preliminary land division plats, land use reviews, and design review applications that are part of an approved planned development 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 4.2 SDC, Land Use Review and Design Review, and Chapter 4.3 SDC, Land Divisions and Property 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. 08-06 § 3, 2008)

§ 4.5.200 Nullification of an approved planned development.

Property owner(s) or their authorized agents may apply to nullify an approved planned development (conceptual or detailed) by filing an application form provided by the director through a Type III procedure.

The burden of proof is on the applicant to justify nullification of an approved planned development (conceptual or detailed) by giving substantial evidence that:

Developing the property under conventional zoning standards and regulations will not create nonconforming development;

Special circumstances such as building relationships, drainage ways, public improvements, topography, etc., that were to be addressed through the planned development process can be dealt with as effectively through conventional standards;

Conditions of approval attached by the hearing authority to the approved planned development can be met or are no longer necessary; and

Prior commitments arising from the planned development approval involving the subject property or impacting adjacent properties or city interests (i.e., sewer, water, streets, parks, drainage or other interests) will not be adversely affected by the nullification. In the case of density transfers, phasing of public infrastructure, provisions of open space and/or recreational amenities, the nullification may not provide a greater benefit or burden than would have remained had the planned development not been approved and utilized.

Action. The approval body may approve or deny a planned development nullification.

(Ord. 08-06 § 3, 2008)

§ 4.6.100 Modifications – 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. 08-06 § 3, 2008)

§ 4.6.200 Modifications – Applicability.

This chapter applies to all development applications approved through the provisions of Article 4, including:

Land use review approvals;

Design review approvals;

Subdivisions, partitions, and property line adjustments;

Conditional uses;

Planned developments; and

Conditions of approval on any of the above permit types.

This chapter does not apply to comprehensive plan amendments, land use district changes, text amendments, annexations, temporary use permits, or other permits not listed in subsection (A) of this section.

(Ord. 08-06 § 3, 2008)

§ 4.6.300 Major modifications.

Major Modification Defined. The community development director shall determine that a major modification(s) is required if one or more of the changes listed below are proposed:

A change in land use;

An increase in density by more than 10 percent, provided the resulting density does not exceed that allowed by the land use district;

A change in setbacks or lot coverage by more than 10 percent, provided the resulting setback or lot coverage does not exceed that allowed by the land use district;

A change in the type and/or location of access ways, drives or parking areas affecting off-site traffic;

An increase in the floor area proposed for nonresidential use by more than 15 percent where previously specified;

A reduction of more than 10 percent of the area reserved for common open space; or

Change to a condition of approval, or a change similar to subsections (A)(1) through (6) of this section, that could have a detrimental impact on adjoining properties. The community development director shall have discretion in determining detrimental impacts warranting a major modification.

Major Modification Applications – Review Criteria. An applicant may request a major modification using a Type II or Type III review procedure, as follows; the applicant shall bear the burden of proof.

Upon the community development director determining that the proposed modification is a major modification, the applicant shall submit an application form, nonrefundable filing fee and narrative, and a site plan using the same plan format as in the original approval. The community development director may require other relevant information, as necessary, to evaluate the request.

The application shall be subject to the same review procedure (Type II or III), decision-making body, and review criteria used for the initial project approval, except that adding a conditional use to an approved project shall be reviewed using a Type III procedure.

The scope of review shall be limited to the modification request. For example, a request to modify a parking lot shall require design review only for the proposed parking lot and any changes to associated access, circulation, pathways, lighting, trees, and landscaping. Notice shall be provided in accordance with Chapter 4.1 SDC.

Due to the interrelated nature of planned developments, modifications to approved planned developments may be reviewed in the context of the entire approved planned development allowing for adjustments, mitigation and redesign to ensure the intent of the original planned development approval is achieved as a whole or the modification is an improvement on the original approval.

The decision-making body shall approve, deny, or approve with conditions an application for major modification based on written findings on the criteria.

(Ord. 08-06 § 3, 2008; Ord. 10-02 Exh. A § B, 2010)

§ 4.6.400 Minor modifications.

Minor Modification. Any modification to a land use decision or approved development plan that is not within the description of a major modification as provided in SDC § 4.6.300(A).

Minor Modification Review Procedure. An application for approval of a minor modification shall be reviewed by the community development director using a Type I or a Type II review procedure under SDC §§ 4.1.200 or 4.1.300. The community development director is responsible for determining the appropriate review procedure based on the following criteria; the applicant shall bear the burden of proof.

Minor modifications that involve only clear and objective code standards may be reviewed using a Type I procedure;

Minor modifications that involve one or more discretionary standards shall be reviewed through a Type II procedure.

When the code is unclear on whether the application should be a Type I or Type II review, a Type II procedure shall be used.

Minor Modification Applications. An application for minor modification shall include an application form, filing fee and narrative, and a site plan using the same plan format as in the original approval. The community development director may require other relevant information, as necessary, to evaluate the request.

Minor Modification Review Criteria. The community development director shall approve, deny, or approve with conditions an application for minor modification based on written findings that the modification is in compliance with all applicable requirements of the development code and conditions of approval on the original decision, and the modification is not a major modification as described in SDC § 4.6.300(A).

(Ord. 08-06 § 3, 2008; Ord. 10-02 Exh. A § B, 2010)

§ 4.7.100 Amendments – Purpose.

The purpose of this chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this code and the zoning 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. 08-06 § 3, 2008)

§ 4.7.200 Legislative amendments.

Legislative amendments are policy decisions made by city council. They are reviewed using the Type IV procedure in SDC § 4.1.500. Amendments to the comprehensive plan, and amendments to the zoning and development code or zoning map necessitating a comprehensive plan amendment, may be approved if the city council finds that the change is consistent with the following criteria:

The amendment is consistent with the goals and policies of the comprehensive plan, the state-wide planning goals, and any relevant area plans adopted by the city council;

The amendment conforms to the transportation planning rule provisions as implemented through SDC § 4.7.600; and

The amendment is in the public interest; for example, it is needed to meet changing conditions or new laws.

(Ord. 08-06 § 3, 2008)

§ 4.7.300 Quasi-judicial amendments.

Applicability of Quasi-Judicial Amendments. “Quasi-judicial amendments” are those that involve the application of adopted policy to a specific development application or code revision, and not the adoption of new policy (i.e., through legislative decisions). Quasi-judicial zone map amendments shall follow the Type III procedure, as governed by SDC § 4.1.400, using standards of approval in subsection (B) of this section. The approval authority for such actions shall be as follows:

The planning commission shall review and recommend zoning map changes that do not involve comprehensive plan map amendments;

The planning commission shall make a recommendation to the city council on an application for a comprehensive plan map amendment. The city council shall decide such applications; and

The planning commission shall make a recommendation to the city council on a zoning change application that also involves a comprehensive plan map amendment application. The city council shall decide both applications.

Criteria for Quasi-Judicial Amendments. The city shall consider the following review criteria and may approve, approve with conditions or deny a quasi-judicial amendment based on the following; if the application for an amendment originates from a party other than the city; the applicant shall bear the burden of proof.

Approval of the request is consistent with the statewide planning goals;

Approval of the request is consistent with the relevant comprehensive plan policies and on balance has been found to be more supportive of the comprehensive plan as a whole than the old designation;

The requested designation is consistent with any relevant area plans adopted by the city council;

The requested designation is consistent with the comprehensive plan map pattern and any negative impacts upon the area resulting from the change, if any, have been considered and deemed acceptable by the city;

A public need will be met by the proposed change that is not already met by other available properties, or the amendment corrects a mistake or inconsistency in the comprehensive plan or zoning map regarding the property which is the subject of the application;

The property and affected area are presently provided with adequate public facilities, services and transportation networks to support the use, or such facilities, services and transportation networks are planned to be provided in the planning period; and

The amendment conforms to other applicable provisions of this code, such as the transportation planning rule requirements incorporated into SDC § 4.7.600.

Any amendment involving a change to the city’s urban growth boundary shall conform to applicable state planning rules for such amendments.

(Ord. 08-06 § 3, 2008)

§ 4.7.400 (Reserved)

(Ord. 08-06 § 3, 2008)

§ 4.7.500 Record of amendments.

The city recorder shall maintain a record of amendments to the text of this code and the zoning map.

(Ord. 08-06 § 3, 2008)

§ 4.7.600 Transportation planning rule compliance.

Review of Applications for Effect on Transportation Facilities. When a development application includes a proposed comprehensive plan amendment, development code amendment, or zoning 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 OAR 660-012-0060 (Transportation Planning Rule – TPR) and in accordance with traffic impact study provisions in SDC § 4.1.900. 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. 08-06 § 3, 2008; Ord. 20-09 § 3 (Exh. B), 2020)

§ 4.8.100 Interpretations – 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. 08-06 § 3, 2008)

§ 4.8.200 Code interpretation procedure.

Requests. A request for a code interpretation shall be made in writing to the community development director.

Decision to Issue Interpretation. The community development director shall have the authority to interpret the code, or refer the request to the planning commission for its interpretation. The community development director shall advise the person making the inquiry in writing within 14 days after the request is made on whether or not, and how, the city will make an interpretation.

Written Interpretation. If the city decides to issue an interpretation, it shall be issued in writing and shall be mailed or delivered to the person requesting the interpretation and any other person who specifically requested a copy. The written interpretation shall be issued within 14 days of the request. The decision shall become effective 14 days later, unless an appeal is filed in accordance with subsection (E) of this section.

Type II Procedure. Code interpretation reviews shall follow a Type II procedure under SDC § 4.1.300. Alternatively, the community development director may initiate a code interpretation (i.e., without an application being filed by a property owner) and ask the planning commission to ratify the decision, in which case the city shall provide notice of the decision to affected property owner(s) with an opportunity to appeal the decision to city council. Such appeals must be filed in accordance with SDC § 4.1.400.

Appeals. The applicant and any party who received notice or who participated in the proceedings through the submission of written or verbal evidence may appeal the decision to the planning commission for a Type III decision. The appeal must be filed within 14 days after the interpretation was mailed or delivered to the applicant. Initiating an appeal requires filing a notice of appeal with the community development director pursuant to SDC § 4.1.300, Type II appeal.

Interpretations on File. The city shall keep on file a record of all code interpretations.

(Ord. 08-06 § 3, 2008)

§ 4.9.100 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), (B) and (C) of this section):

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 SDC § 4.1.300, the city shall approve, approve with conditions or deny a temporary use permit based on findings that all of the following criteria are satisfied:

The use is permitted in the underlying zone and does not violate any conditions of approval for the property (e.g., prior development permit approval);

The applicant has proof of the property owner’s permission to place the use on his/her property;

No parking will be utilized by customers and employees of the temporary use that is needed by the property owner to meet their minimum parking requirement under Chapter 3.3 SDC, Parking and Loading;

The use provides adequate vision clearance, as required by SDC § 3.1.200, and shall not obstruct pedestrian access on public streets;

Ingress and egress are safe and adequate when combined with the other uses of the property; as required by SDC § 3.1.200, Vehicular access and circulation;

The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare or lights that affect an adjoining use in a manner in which other uses allowed outright in the district do not affect the adjoining use; and

The use is adequately served by sewer or septic system and water, if applicable. (The applicant shall be responsible for obtaining any related permits.)

Temporary Sales Office or Model Home. Using a Type I procedure under SDC § 4.1.200, 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 for a period not to exceed one year, or as approved by the community development director, for the purpose of facilitating the sale of real property, or as a model home in any subdivision or tract of land within the city, but for no other purpose, based on the following criteria:

Temporary Sales Office:

The temporary sales office shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold and not interfere with traffic on any street or public way;

The property to be used for a temporary sales office for dwellings or lots within the subject property shall not be permanently improved for that purpose, except as approved by the community development director (e.g., model home);

Conditions may be imposed regarding temporary utility connections, and as necessary to protect public health, safety, or welfare;

The subject site shall be kept clean and neat; and

Hours of operation for a sales office shall follow those for home occupations, except as approved by the community development director for a caretaker.

Model House:

The model house shall be located within the boundaries of the subdivision or tract of land where the real property to be sold is situated; and

The model house shall be designed as a permanent structure that meets all relevant requirements of this code and other applicable codes and permit requirements, including landscaping.

Temporary Building, Trailer, Kiosk, or Structure. Except as approved for mobile food vendors in a commercial or industrial district under SDC § 2.3.160, temporary or permanent placement of a building, trailer, kiosk, or structure, including but not limited to prefabricated building(s), for use on any real commercial or industrial property within the city shall require a land use permit. Using a Type II procedure, the city may approve, approve with conditions or deny an application for a placement of a building, trailer, kiosk, or structure for temporary use, or temporary placement, such as a temporary commercial or industrial use or space associated with the primary use on the property, for a period of not more than one year, based on the following criteria:

The temporary trailer or building shall be located within the specified property line setbacks of the parcel of land on which it is located;

The primary use on the property to be used for a temporary trailer is already developed;

Ingress and egress are safe and adequate as demonstrated by an approach permit approved by the road authority, as applicable. See also SDC § 3.1.200, Vehicular access and circulation;

There is adequate parking for the customers or users of the temporary use as required by Chapter 3.3 SDC, Parking and Loading;

The use will not result in vehicular congestion on streets;

The use will pose no impediment or hazard to pedestrians in the area of the use;

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 that other uses allowed outright in the district do not affect the adjoining use;

The building complies with applicable building codes;

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);

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. A temporary use permit shall be renewed no more than two times, and shall expire no later than 18 months from the first approval date; and

11.

Conditions may be imposed regarding temporary utility connections, and as necessary to protect public health, safety, or welfare.

Garage Sales. Garage sale signs shall conform to the applicable provisions of the Silverton sign code, Chapter 15.16 SMC. Garage or yard sales shall be permitted in any residential zoning district subject to the following:

Limited to the sale of household goods and equipment, plants, clothing, furniture, and the like.

Limited to three such sales per year per individual address.

The duration of an individual sale shall not exceed three days.

The hours of operation shall be limited to 7:00 a.m. to 5:00 p.m.

Outdoor Swimming Pools. Swimming pools, spas and hot tubs (in-ground and aboveground) that contain 24 inches or more of water shall comply with the following:

Conform to the setback requirements of the primary structure, except that there shall be a minimum of five feet from all interior lot lines.

Be equipped with locking cover, fenced or equipped with electric alarm systems that will prevent entry or alarm upon entry.

Required fencing shall be a minimum of five feet in height and be equipped with a self-locking gate which closes automatically.

(Ord. 08-06 § 3, 2008)

§ 4.9.200 Outdoor seating areas within the public right-of-way.

Where outdoor seating areas are desired by restaurants or other business establishments they must comply with the following procedures and criteria:

Submit a written request to the community development department identifying the area involved, a site plan of the area, a description of the operating characteristics of the proposed use or other pertinent information.

Accompanying the written request shall be a completed city of Silverton application to occupy the right-of-way and the associated review fee.

The community development director within 45 days of receipt will review the application and make a final decision.

In some cases the request may be forwarded to the city council for final approval.

Approval may be given provided the community development director or city council determine there will be no negative impact to the public, the right-of-way or nearby businesses or property owners.

Compliance with other applicable provisions of the city’s municipal code, including permits for using the public right-of-way where sidewalk cafes are allowed.

Design review approval where the outdoor eating area includes seating for more than eight patrons.

Where adjacent to or abutting a residential use and/or zoning district, the outdoor eating area shall only be allowed between the hours of 8:00 a.m. and 10:00 p.m.

The outdoor eating area shall contain a trash receptacle within 10 feet of the use, which shall be maintained by the owner or operator of the restaurant.

At least five feet of open passageway is maintained on the sidewalk.

(Ord. 08-06 § 3, 2008; Ord. 10-02 Exh. A § B, 2010)

§ 4.10.100 Background.

Oregon statewide planning goals require that each city be surrounded by a boundary which is called an urban growth boundary (UGB). The UGB defines the area which the city has identified as being eligible to be included within the city limits sometime during the 20-year planning period. Lands within the UGB may be considered for annexation consistent with the review criteria within SDC § 4.10.140. Timely annexation of lands in an orderly and efficient manner avoids urban sprawl, and retains surrounding natural resources, and at the same time avoids the unnecessary development of agricultural and timber-producing lands.

(Ord. 08-06 § 3, 2008)

§ 4.10.110 Purpose.

It is the purpose and general intent of this chapter to delineate the appropriate procedures to be followed to annex territory to the city and to undertake other major and minor boundary changes. It is recognized that annexations to the corporate limits are major land use actions affecting all aspects of city government, and that other boundary changes and extensions of services must also be regulated. Unless mandated by state law, annexation, delayed annexations, and/or extension of city services may only be approved by a majority vote among the electorate.

With respect to annexations, the procedures and standards established in this chapter are required for review of proposed annexations in order to:

Provide adequate public information and sufficient time for public review before an annexation election;

Maximize citizen involvement in the annexation review process;

Establish a system for measuring the physical, environmental, fiscal and related social effects of proposed annexations; and

Ensure adequate time for staff review.

With respect to major and minor boundary changes or extensions of services other than annexations, it is the purpose and general intent of this chapter to provide a method by which such changes or extensions may be reviewed in a rational way and in accordance with applicable comprehensive plans.

(Ord. 08-06 § 3, 2008)

§ 4.10.120 Application and fee.

An application for annexation shall be filed with the city and accompanied by the appropriate fee. Additional land use applications may be filed concurrently with an annexation application contingent on approval of the annexation. At a minimum the application shall include:

A complete application signed by each property owner or a signed notarized letter of authorization from the property owner allowing the city to process an application received from a third party; and

Signed notarized statements by anyone leasing or renting the property stating that they have no objection to the annexation; and

A mailing list of all current property owners and residents within 500 feet of the subject site, as certified by a title company or by the Marion County tax assessor’s office, as accurate and complete as found on the most recent property tax assessment roll where the subject property is located; and

A copy of the current deed(s); and

A legal description of the territory to be annexed, meeting the relevant requirements of ORS Chapter 308. If such a description is not submitted, a boundary survey may be required. A lot and block description may be substituted for the metes and bounds description if the area is platted. If the legal description contains any deed or book and page references, legible copies of these shall be submitted with the legal description; and

Two full quarter-section county tax assessor’s maps, with the subject property(ies) outlined; and

A written applicant’s statement addressing each review criteria. It shall be the applicant’s responsibility to submit a complete application which addresses the review criteria listed in SDC § 4.10.140. Upon determination that the application is complete, a public hearing shall be scheduled before the planning commission followed by a public hearing before the city council; and

Eighteen full-sized and one reduced (11 inches by 17 inches) conceptual site plan for properties to be developed with a subdivision or planned development. The scale of the full-size plan must be large enough that all dimensions and distances can easily be measured for accuracy. Make sure that the plan is prepared so that it is at least eight and one-half inches by 11 inches in size and the scale is standard: 10, 20, 30, 40 or 50, 60, or 100 feet to one inch. The plan must include all the required items. If any item listed for inclusion on the plan is not provided, please include a written explanation. The following items are required on the plan:

The location of existing structures (if any);

The location of streets, sanitary sewer, storm drainage, water, electric and other utilities, on or adjacent to the property to be annexed;

The location and direction of all water features on and abutting the subject property. Approximate location of areas subject to inundation, stormwater overflow or standing water. Base flood data showing elevations of all property subject to inundation in the event of 100-year flood as shown;

Label and show the locations of all existing structures, wells, septic tanks and drain fields, and distances between them and the existing property lines and each other. Indicate what is to be removed, moved, and/or retained;

Natural features, such as rock outcroppings, marshes or wetlands (as delineated by the Division of State Lands), wooded areas, isolated preservable trees (trees with trunks over six inches in diameter as measured four feet above the ground), and significant areas of vegetation;

Label and show existing and proposed contour (topography) lines drawn at the following intervals:

One-foot intervals for ground slopes less than five percent;

Two-foot intervals for ground slopes between five and 10 percent;

Five-foot intervals for ground slopes exceeding 10 percent;

General land use plan indicating the types and intensities of the proposed or potential development;

If applicable, a double-majority worksheet, certification of ownership and voters. Certification of legal description and map on forms provided by the city;

A narrative statement explaining the conditions surrounding the proposal and addressing the factors contained in the review criteria, as relevant, including:

Statement of availability, capacity and status of existing water, sewer, drainage, transportation, park and school facilities; and

Statement of increased demand for such facilities to be generated by the proposed development; and

Statement of additional facilities, if any, required to meet the increased demand and any proposed phasing of such facilities in accordance with projected demand; and

Statement outlining method and source of financing required to provide additional facilities, if any; and

Statement of overall development concept and methods by which the physical and related social environment of the site, surrounding area and community will be enhanced; and

Statement of potential physical, aesthetic, and related social effects of the proposed or potential development on the community as a whole and on the small subcommunity or neighborhood of which it will become a part; and proposed actions to mitigate such negative effects, if any; and

Statement indicating the type and nature of any comprehensive plan text or map amendments that may be required to complete the proposed development;

Annexation agreement. There may be instances in which an applicant may offer additional considerations in support of an annexation application. Such considerations shall be considered as part of an annexation application. These considerations shall be formalized through a development agreement;

The application fee for annexations and a deposit which is adequate to cover any and all costs related to the election as established by resolution of the city council.

(Ord. 08-06 § 3, 2008; Ord. 10-02 Exh. A § B, 2010)

§ 4.10.130 Filing procedure.

Whenever an application for annexation is filed, it shall be reviewed in accordance with the following procedures:

Determination of Annexation Type. The community development director shall determine whether an application is for a major or minor annexation as follows:

Major Annexation. An annexation shall be considered major if one or more of the following exist:

More than one property is involved;

City services do not abut the site;

The land is vacant and the request involves more than one district designation;

The land is developed with more than one type of existing land use and more than one district designation is needed or requested; or

The request for annexation involves more than two acres.

However, if the community development director determines measuring the physical, environmental and related social effects of the proposal will be similar in difficulty to that of a minor annexation, a major annexation can follow the timeline for minor annexation.

Minor Annexation. Any annexation not meeting the description provided above for a major annexation and containing less than two acres is considered a minor annexation. In general, an annexation is considered minor if measurement of the physical, environmental and related social effects is easier than a major annexation.

Application Filing Deadlines. Annexation elections are scheduled for May and November. Special elections may be scheduled outside of May or November if all election costs are paid for by the applicant. Application deadlines are established to permit public hearings by both the planning commission and the city council in time to meet state requirements for submitting ballot information for these election dates. Application deadlines for major and minor annexations are as follows:

A major annexation must be filed with the community development department before 5:00 p.m. on the last working day in September for a ballot election in May and the last working day in March for a ballot election in November.

A minor annexation must be filed with the community development department before 5:00 p.m. on the last working day in October for a ballot election in May and the last working day in April for a ballot election in November.

Major or minor annexations can be scheduled for a special election; provided, that all costs associated with the special election are covered by the applicant. Special elections will be scheduled by the city council following the required planning commission and city council hearings on the application.

Exceptions. The city council may authorize an exception to any of the requirements of this chapter. An exception shall require a statement of findings that indicates the basis for the exception. Exceptions may be granted for reasons including, but not limited to: identified health hazards, parcels of land that are less than two acres in size, land that is being annexed for a public purpose, a parcel with limited potential, and for all other matters which the city council determines that the public interest would not be served by undertaking the entire annexation process.

(Ord. 08-06 § 3, 2008)

§ 4.10.140 Review criteria.

When reviewing a proposed annexation of land, the planning commission and city council will consider the following standards and criteria; the applicant shall bear the burden of proof.

Adequacy of access to the site; and

Conformity of the proposal with the city’s comprehensive plan; and

Adequate public facilities, services, and transportation networks are in place or are planned to be provided concurrently with the development of the property. If extension or upgrading of any improvement is necessary to serve the area, such extension must be consistent with the city’s infrastructure plans and must be an orderly and efficient arrangement for the extension of public services; and

The new area will meet city standards for any public improvements which may be necessary to serve the area (including but not limited to streets, including sidewalks, sanitary sewer, water, storm drainage); and

The area to be annexed is contiguous to the city and represents a logical direction for city expansion; and

The area is within the urban growth boundary, unless a health hazard due to failing septic systems or groundwater supplies is found to exist; and

The proposed use of the property is consistent with the applicable comprehensive plan designation; and

The proposed annexation shall be consistent with all applicable goals and policies of the Silverton comprehensive plan; and

Shall be in compliance with applicable sections of ORS Chapter 222; and

Natural hazards identified by the city, such as wetlands, floodplains and steep slopes, have been addressed by applicant’s conceptual development plan; and

Urbanization of the subject property shall not have a significant adverse effect on areas identified or designated in the comprehensive plan as open space or as significant scenic, historic or natural resource areas; and

Economic impacts which are likely to result from the annexation shall be evaluated in light of the social and physical impacts. The overall impact which is likely to result from the annexation and development shall not have a significant adverse effect on the economic, social and physical environment of the community, as a whole; and

If the proposed area for annexation is to be residentially zoned, there must be less than a five-year supply of vacant and redevelopable land in terms of dwelling units per acre within the current city limits. “Redevelopable land” means land zoned for residential use on which development has already occurred but on which, due to present or expected market forces, there exists the likelihood that existing development will be converted to more intensive residential uses during the planning period. The five-year supply shall be determined from vacant and redevelopable land inventories and by the methodology for land need projections from the housing element of the comprehensive plan. If there is more than a five-year supply but less than an eight-year supply, the city may consider additional factors, such as the likeli-hood of vacant parcels being developed in the near future, to determine if the public good would be served by the annexation. Properties proposed for annexation that have a current or probable public health hazard due to lack of full city water or sanitary sewer may be exempt from this criterion; and

Promotes the timely, orderly and economic provision of public facilities and services; and

The annexation is reasonable and that the public interest, present and future, will be best served by annexing the property.

(Ord. 08-06 § 3, 2008; Ord. 10-02 Exh. A § B, 2010; Ord. 16-17 § 1, 2016)

§ 4.10.150 Annexation applications involving comprehensive plan amendments.

Applications for annexation involving comprehensive plan amendments submitted by property owners shall be reviewed semi-annually in April and October by the planning commission with a recommendation to the council. The city council, planning commission, or community development director may also initiate plan amendments. Such initiations are made without prejudice towards the outcome.

(Ord. 08-06 § 3, 2008)

§ 4.10.160 Council-initiated annexation.

It is within the power and authority of the city to annex land which is surrounded by the corporate limits or boundaries of the city, with or without consent of the property owners or residents in the territory. Notice and procedures for a public hearing shall be pursuant to the provisions of Chapter 4.1 SDC.

(Ord. 08-06 § 3, 2008)

§ 4.10.170 Zoning.

Upon annexation, the zoning of annexed property shall be compatible with the comprehensive plan designation as provided on the annexation zoning matrix. Zoning other than that shown on the matrix requires approval of a comprehensive plan map amendment and/or a zoning map amendment.

(Ord. 08-06 § 3, 2008)

§ 4.10.180 Annexation zoning matrix.

Plan Designation	Compatible Zoning Districts
Industrial	Industrial Park (IP)
	Light Industrial (LI)
	Industrial (I)
Commercial	General Commercial (GC)
	Downtown Commercial (DC)
	Downtown Commercial Fringe (DCF)
Single-Family Residential	Single-Family Residential (R-1)
	Low Density Residential (R-5)
	Acreage Residential (AR)
Multiple-Family Residential	Multiple-Family Residential (RM-10)
Multiple-Family Residential	Multiple-Family Residential (RM-20)
Agricultural/Urban Reserve	Single-Family Residential (R-1)
	Low Density Residential (R-5)
	Acreage Residential (AR)

(Ord. 08-06 § 3, 2008)

§ 4.10.190 Action by the planning commission.

The planning commission shall conduct a public hearing to evaluate the proposed annexation and make a recommendation to the city council regarding how the proposal has or has not complied with the review criteria set forth in SDC § 4.10.140. The planning commission shall provide findings in support of its recommendation.

(Ord. 08-06 § 3, 2008)

§ 4.10.200 Action by the city council.

Upon receipt of the planning commission’s recommendation, the city council shall endeavor to review all proposals prior to the city application deadline for submitting ballot measures to the voters. The city council shall only set for an election annexations consistent with a positive balance of the annexation factors contained in SDC § 4.10.140. The city council shall adopt findings in support of its decision to schedule an annexation for an election.

(Ord. 08-06 § 3, 2008)

§ 4.10.210 Legal advertisement of pending election.

After city council review and approval, the city manager shall cause a legal advertisement describing the proposed annexation and pending election to be published in at least one newspaper of general circulation in the city in the manner provided by state election law. The advertisement shall be placed at least 14 days prior to the election. The size of the advertisement shall be determined by the city manager. The advertisement shall contain: a description of the location of the property, size of the property, its current zoning and any proposal for zone changes upon annexation, a general description of the potential land uses allowed, any required comprehensive plan text or map amendment or zoning ordinance text or map amendment, and where the city council’s evaluation of the proposed annexation may be found. Any statement regarding development of the property proposed for annexation that is dependent upon future action by the city shall be accompanied by a disclaimer to the effect that such development would not be affected by the annexation vote.

(Ord. 08-06 § 3, 2008)

§ 4.10.220 Election procedures.

Pursuant to ORS 222.130(1), 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. The city attorney shall prepare the ballot title wording.

Pursuant to ORS 222.130(2), the notice of an annexation shall be given as provided in ORS 254.095 and 254.205, except that in addition the notice shall contain a map indicating the boundaries of each territory proposed to be annexed.

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.

(Ord. 08-06 § 3, 2008)

§ 4.10.230 Annexation reports.

Upon approval by the voters of the proposed annexation, the city council, by ordinance, shall set the boundaries of the area to be annexed by a legal description, adopt findings, and proclaim the results of the election. Within 20 days of council approval of the annexation, the city shall report all changes in the boundaries or limits of the city to the county clerk and county assessor and Secretary of State’s office.

(Ord. 08-06 § 3, 2008)

§ 4.10.240 Effective date of annexation.

The annexation shall be complete from the date of filing with the Secretary of State as provided in ORS 222.150, 222.160, 222.170, and 111.900. Thereafter, the annexed territory shall be and shall remain part of the city. The date of such filing shall be the effective date of annexation, provided such filing is not made later than 90 days prior to a general or primary election; otherwise the effective date of such annexation shall be the day after the primary or general election.

(Ord. 08-06 § 3, 2008)

§ 4.11.100 Purpose.

This chapter states the initiation process and criteria to be used in considering an urban growth boundary change.

(Ord. 08-06 § 3, 2008)

§ 4.11.200 Urban growth boundary change.

An “urban growth boundary change” is an alteration of any portion of the adopted boundary line from one location to another after the proposed change has been reviewed and a recommendation made by the planning commission, and enacted by ordinance by the city council and the Marion County board of commissioners in accord with the following provisions. All boundary amendments shall be simultaneously adopted as changes to the comprehensive plan in accordance with SDC § 4.11.300.

(Ord. 08-06 § 3, 2008)

§ 4.11.300 Simultaneous urban growth boundary change with comprehensive plan change.

If urban growth boundary changes are adopted in accordance with SDC § 4.11.200, the resulting comprehensive plan change can be adopted simultaneously. No additional conditions must be set for a comprehensive plan change.

(Ord. 08-06 § 3, 2008)

§ 4.11.400 Initiation of urban growth boundary change by city council.

An urban growth boundary change may be initiated by the city council only when the change proposed is for some governmental, educational, religious or philanthropic purpose, or is in the public interest and of general interest.

Proceedings to alter the boundary initiated by the city council shall be by resolution, and the resolution shall be referred to the planning commission. The community development director shall thereupon fix a date for hearing by the planning commission, give notice of such hearing and a hearing shall be conducted as provided in Article 4 for Type IV applications.

After the hearing by the planning commission, the planning commission shall make a recommendation in the form of a resolution to the city council.

If the city council approves the boundary amendment, it shall adopt it by resolution and forward it to the Marion County board of commissioners along with all exhibits and findings thereon and a written request for the board to consider the boundary change and adopt it.

If the Marion County board of commissioners approves the boundary amendment, both the city council and board of commissioners shall adopt the change by ordinance. If the board of commissioners does not approve the boundary amendment, it shall convene a meeting with the city council to further consider the change.

If no mutual agreement is reached, the city council may appeal to the Oregon State Land Conservation and Development Commission or seek judicial remedy.

(Ord. 08-06 § 3, 2008)

§ 4.11.500 Initiation of urban growth boundary change by planning commission.

An urban growth boundary change may be initiated by resolution by the planning commission only when the proposed change is in the public interest and of general interest. Proposals for boundary revisions resulting from comprehensive plan review proceedings as provided in SDC § 4.12.600 may be initiated by the planning commission.

When the proceedings are initiated by the planning commission, the community development director shall fix a date for hearing before the planning commission, give notice of such hearing and a hearing shall be conducted as provided in Article 4 for Type IV applications.

After the hearing, the planning commission may refer its recommendation to the city council in the form of a resolution.

If no mutual agreement is reached, the city council may appeal to the Oregon State Land Conservation and Development Commission or seek judicial remedy.

(Ord. 08-06 § 3, 2008)

§ 4.11.600 Initiation of urban growth boundary change by the Marion County board of commissioners.

The Marion County board of commissioners may forward proposed boundary amendments to the city council along with all exhibits and findings thereof and a written request for the city council to consider the boundary change and adopt it.

The city council shall forward such request to the planning commission for consideration.

The planning commission shall automatically initiate the requested amendment and the community development director shall fix a date for hearing before the planning commission, give notice of such hearing and a hearing shall be conducted as provided in Article 4. Unless required by state law, this hearing is optional at the discretion of the planning commission if Marion County had held a hearing in Silverton with notification to potentially affected citizens within three months previous to the receipt of the request by the city council.

The planning commission shall refer its recommendation in the form of a resolution to the city council.

The city council shall either adopt the boundary amendment by ordinance or request a joint meeting with the Marion County commissioners to further consider the change.

(Ord. 08-06 § 3, 2008)

§ 4.11.700 Initiation of urban growth boundary change by petition.

Property owners or persons purchasing property under contract, if they state in writing that they are purchasing property under contract, may file an urban growth boundary change petition. In addition to the application submittal requirements listed under Article 4 for Type IV applications, the following information shall be included:

An explanation of the reasons for which the boundary amendment is being sought, together with any sketches or plans the petitioner feels will illustrate the proposal, and the potential impact upon the area resulting from the proposed change shall be addressed.

Written findings of fact and conclusions for the review criteria listed in SDC § 4.11.800.

Within 10 days of the petition being filed with the community development director, the application shall be checked for completeness and if the petition is sufficient, the community development director shall refer the petition to the planning commission and a hearing date shall be set. The community development director shall give notice of such hearing and a hearing shall be conducted as provided in Article 4 for Type IV applications.

The planning commission shall hold a public hearing and shall refer its recommendation to the city council in the form of a resolution.

If no mutual agreement is reached, the city council may appeal to the Oregon State Land Conservation and Development Commission or seek judicial remedy.

(Ord. 08-06 § 3, 2008)

§ 4.11.800 Criteria to be used in considering an urban growth boundary change.

Changes in the urban growth boundary will be limited to those cases in which the land in question is needed to provide for:

Accommodation of additional population;

Housing and employment opportunities;

Orderly and economical provision of public facilities and services;

Maximum efficiency of land uses;

Retention of agricultural lands;

Compatibility of the proposed urban use with nearby agricultural activities; and

Improvement of the area’s environmental, energy, economic and social well-being.

All urban growth boundary amendments must be in accordance with the goals, objectives and policies of the comprehensive plan.

If the request for an urban growth boundary change originates from a petition, the petitioner will bear the burden of proof.

(Ord. 08-06 § 3, 2008)

§ 4.12.100 Purpose.

The comprehensive plan is the official and controlling land use document of the city, providing guidance to both public and private activities which affect the growth, development, and livability of the community. The plan is intended to be a flexible document, reflecting changing circumstances and community attitudes through occasional amendments. This section provides a process whereby the comprehensive plan may be amended without violating the integrity of the plan or frustrating its basic purposes. This process applies to proposed changes to the comprehensive plan map designations, text and the urban growth boundary.

(Ord. 08-06 § 3, 2008)

§ 4.12.200 Frequency of plan amendments.

Applications for comprehensive plan amendments submitted by property owners shall be reviewed semi-annually in April and October by the planning commission. The city council, planning commission, or community development director may also initiate plan amendments. Such initiations are made without prejudice towards the outcome.

(Ord. 08-06 § 3, 2008)

§ 4.12.300 Procedure.

Requests for plan amendments determined by the community development director to be legislative in nature are reviewed through the legislative procedures stated in Article 4. Quasi-judicial requests are reviewed through the Type IV procedures of Article 4. Area-specific amendments, including map amendments outside of the city limits, are processed in accordance with the city-Marion County urban growth management agreement.

(Ord. 08-06 § 3, 2008)

§ 4.12.400 Review criteria.

Amendments to the comprehensive plan will be approved if the council finds that the applicant has shown that the following applicable criteria are met; the applicant shall bear the burden of proof.

A legislative amendment is consistent with the goals and policies of the comprehensive plan, the statewide planning goals, and any relevant area plans adopted by the city council.

A legislative amendment is needed to meet changing conditions or new laws.

The result of the legislative amendment will result in an improvement to the comprehensive plan that furthers the adopted goals, policies or needs of the community above the current comprehensive plan.

The requested designation for a quasi-judicial map amendment meets all of the following tests:

The requested designation for the site has been evaluated against relevant comprehensive plan policies and on balance has been found to be more supportive of the comprehensive plan as a whole than the old designation.

The requested designation is consistent with any relevant area plans adopted by the city council.

The requested designation is consistent with the comprehensive plan map pattern and any negative impact upon the area resulting from the change has been considered and deemed acceptable by the city.

An identified public need will be met by the proposed change that is not already met by other available property.

The requested designation is consistent with the statewide planning goals.

If the request for a comprehensive plan map or text amendment originates from a petition, the petitioner will bear the burden of proof.

(Ord. 08-06 § 3, 2008; Ord. 10-02 Exh. A § B, 2010)

§ 4.12.500 Comprehensive plan map corrections.

The director may initiate a review through the Type I procedure for the types of corrections to the comprehensive plan map listed below:

The correction may be made for mapping errors, such as:

A map line that was intended to follow a topographical feature does not do so. “Topographical features” include the tops and bottoms of hillsides, the banks of water bodies, and center lines of creeks or drainage ditches;

The line on the map does not match the legal description or map shown or references in the ordinance which applied the designation; or

When there is a discrepancy between maps and there is clear legislative intent for where the line should be.

The correction may be made when a map line is based on the location of a reference item that has since been moved. Reference items are rights-of-way, tentative rights-of-way, utility easements and similar items. Map line changes in these cases must not be more than a minor change to the map pattern and must not result in any significant impacts to abutting lots.

(Ord. 08-06 § 3, 2008)

§ 4.12.600 Comprehensive plan map reviews.

Five-Year Review. The comprehensive plan shall be reviewed at a minimum of five-year intervals. These reviews will be thorough in nature and shall consider in depth the statement of goals, objectives, findings of fact and policies in each element of the plan. Special attention shall be directed toward a review of population increases and the projection of future land requirements.

Interim Review. Interim revisions can result from special circumstances or information that justifies the public need for a plan change or from a petition for a plan change.

The planning commission will coordinate these various reviews as the committee for citizen involvement in accordance with ORS Chapter 197.

(Ord. 08-06 § 3, 2008)

§ 4.13.100 Purpose.

This section states the procedures and review criteria for the vacation of a public easement or public right-of-way. For vacations of plats or replatting see SDC § 4.3.200.

(Ord. 08-06 § 3, 2008)

§ 4.13.200 Initiation.

A vacation proposal may be initiated by the city council or by petition of adjoining and area owners in accordance with ORS 271.080.

(Ord. 08-06 § 3, 2008)

§ 4.13.300 Procedure.

Type IV procedures as outlined in Article 4 shall be used as supplemented by the provisions of ORS Chapter 271. State law defines the affected area and mandates notice requirements that are more stringent than the city’s Type IV procedure.

(Ord. 08-06 § 3, 2008)

§ 4.13.400 Review criteria.

Vacation requests may be approved if the review body finds that the applicant has shown that all of the following review criteria are met; the applicant shall bear the burden of proof.

The requested vacation is consistent with relevant comprehensive plan policies and with any street plan, city transportation, or public facility plan.

The requested vacation will not have a negative effect on access between public rights-of-way or to existing properties, potential lots, public facilities or utilities.

The requested vacation will not have a negative effect on traffic circulation or emergency service protection.

The portion of the right-of-way that is to be vacated will be brought into compliance with code requirements, such as landscaping, driveway access, and reconstruction of access for fire safety.

The public interest, present and future, will be best served by approval of the proposed vacation.

(Ord. 08-06 § 3, 2008; Ord. 10-02 Exh. A § B, 2010)

§ 4.13.500 Zoning of vacated right-of-way.

Except as otherwise provided within the vacation ordinance or where the official city zoning map is not clear as to the zoning of vacated right-of-way, the zoning of each parcel of vacated territory shall be the same as the adjoining property to which the ownership of the parcel automatically reverts.

(Ord. 08-06 § 3, 2008)

§ 4.13.600 Conditions of approval.

The city may attach conditions to the approval of a vacation request to ensure that the proposal will conform to the review criteria and city policy for the vacation of public land.

(Ord. 08-06 § 3, 2008)