Chapter 4 provides all of the application requirements and procedures for obtaining permits required by this code. Please refer to Table 4.1.200 in Chapter 4.1 for a key to determining which land use permits and procedures are required, and the decision-making body for a particular type of permit application.

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.

All land use and development permit applications, except building permits, shall be decided by using the procedures contained in this Chapter. General provisions for all permits are contained in Section 4.1.700. Specific procedures for certain types of permits are contained in Section 4.1.200 through 4.1.600. The procedure “type” assigned to each permit governs the decision-making process for that permit. There are four types of permit/decision-making procedures: Type I, II, III, and IV. These procedures are described in subsections A-D below. In addition, Table 4.1.200 lists all of the City’s land use and development applications and their required permit procedure(s).

A.    Type I Procedure (Ministerial). Type I decisions are made by the 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 approval criteria, and applies city standards and criteria that require no use of discretion. Appeals are possible to Oregon Land Use Board of Appeals (LUBA);

B.    Type II Procedure (Administrative). Type II decisions are made by the Community Development Director or designee with public notice, and an opportunity for a public hearing if appealed. The appeal of a Type II decision is heard by the Planning Commission;

C.    Type III Procedure (Quasi-Judicial). Type III decisions are made by the Planning Commission after a public hearing, with appeals heard by the City Council. Type III decisions generally use discretionary approval criteria;

D.    Type IV Procedure (Legislative). Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy (e.g., adoption of land use regulations, zone changes, and comprehensive plan amendments which apply to entire districts). Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council and appeals possible to the Oregon Land Use Board of Appeals.

E.    Notice of all Type III and IV hearings will be sent to public agencies and local jurisdictions (including those providing transportation facilities and services) that may be affected by the proposed action. Affected jurisdictions could include ODOT, the Department of Environmental Quality, the Oregon Department of Aviation, and neighboring jurisdictions. [Ord. 533 § 3 (Exh. N), 2023; Ord. 489 § 2 (Exh. B), 2018].

A.    Application Requirements. See 4.1.700.

B.    Administrative Decision Requirements. The Community Development Director or designee’s decision shall address all of the approval criteria. Based on the criteria 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. A written record of the decision shall be provided to the applicant and kept on file by the City.

C.    Final Decision. The decision shall be final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The decision is the final decision of the City. It cannot be appealed to City officials. Appeals are possible to Oregon Land Use Board of Appeals (LUBA).

D.    Effective Date. The decision is effective the day after it is final.

A.    Application requirements. See 4.1.700.

B.    Notice of Application for Type II Administrative Decision.

1.    Before making a Type II Administrative Decision, the Community Development Director or designee shall mail notice to:

a.    All owners of record of real property within 250 feet (measured from the property line) of the subject site;

b.    All City recognized neighborhood groups or associations whose boundaries include the site;

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

d.    Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City. The City may notify other affected agencies; ODOT shall be notified when there is a land division abutting a State facility as appropriate, for review of the application.

2.    Posted Notice. Before making a Type II Administrative Decision, the Community Development Director or designee shall post the notice on-site 14 calendar days prior to the date of the decision.

3.    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.

4.    Notice of a pending Type II Administrative Decision shall:

a.    Provide a 14 calendar day period for submitting written comments before a decision is made on the permit; List the relevant approval criteria by name and number of code sections;

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

c.    Include the name and telephone number of a contact person regarding the Administrative Decision;

d.    Identify the specific permits or approvals requested;

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

f.    State that if any person fails to address the relevant approval 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 approval criteria are considered relevant evidence;

g.    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;

h.    State that after the comment period closes, the Community Development Director or designee shall issue a Type II Administrative Decision. The decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice;

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

C.    Administrative Decision Requirements. The Community Development Director or designee shall make Type II written decisions addressing all of the relevant approval criteria and standards. Based upon the criteria and standards, and the facts contained within the record, the Community Development Director or designee shall approve, approve with conditions, or deny the requested permit or action. The decision may include a requirement for non-remonstration for future road improvements. At the discretion of the Community Development Director or designee, any Type II application may be forwarded to the Planning Commission for decision.

D.    Notice of Decision.

1.    Within five days after the Community Development Director or designee signs the decision, a Notice of Decision shall be posted on the property and sent by mail unless stated otherwise to:

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

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

c.    Any City recognized neighborhood group or association whose boundaries include the site;

d.    Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City, and other agencies which were notified or provided comments during the application review period.

e.    Planning Commission shall be noticed by email.

2.    The Community Development Director or designee shall cause an affidavit of mailing and posting of the notice to be prepared and made a part of the file. The affidavit shall show the date the notice was mailed and posted, and shall demonstrate that the notice was mailed to the people and within the time required by law.

3.    The Type II Notice of Decision shall contain:

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

b.    The address or other geographic description of the property proposed for development, including a map of the property in relation to the surrounding area, where applicable;

c.    A statement of where the City’s decision can be obtained;

d.    The date the decision shall become final, unless appealed;

e.    A statement that all persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision may appeal the decision;

f.    A statement briefly explaining how an appeal can be filed, the deadline for filing an appeal, and where further information can be obtained concerning the appeal process; and

g.    A statement that unless appellant (the person who files the appeal) is the applicant, the hearing on the appeal shall be limited to the specific issues identified in the written comments submitted during the comment period. Additional evidence related to the Notice of Appeal may be submitted by any person during the appeal hearing, subject to any rules of procedure adopted by the Planning Commission.

E.    Final decision and effective date. A Type II administrative decision is final for purposes of appeal, when it is mailed by the City. A Type II administrative decision is effective on the day after the appeal period expires. If an appeal is filed, the decision is effective when the appeal is decided.

F.    Appeal. Appeals shall be processed in accordance with the requirements and procedures provided by 4.1.800. [Ord. 533 § 3 (Exh. N), 2023].

A.    Application requirements. See 4.1.700.

B.    Notice of Hearing. Notice of a Type III hearing shall be given by the Community Development Director or designee in the following manner:

1.    Mailed notice.

a.    At least 14 calendar days before the hearing date, notice shall be mailed to:

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

2.    All property owners of record within 250 feet of the property line of the site;

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

4.    Any neighborhood or community organization recognized by the City Council and whose boundaries include the property proposed for development;

5.    Any person who submits a written request to receive notice;

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

b.    The Community Development Director or designee shall have an affidavit of mailing be prepared 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;

2.    Published notice. At least 14 calendar 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;

3.    Posted notice. At least 14 calendar days before the hearing, the applicant shall post notice of the hearing on the property. The applicant shall prepare and submit an affidavit of posting of the notice which shall be made part of the administrative record.

4.    Content of Notice. Notice of appeal of a Type II Administrative decision or a Type III hearing to be mailed, posted and published per Subsections 1, 2, and 3 above shall contain the following information:

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

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

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

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

e.    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;

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

g.    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 Sisters City Hall at no cost and that copies shall be provided at a reasonable cost;

h.    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;

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

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

C.    Conduct of the Public Hearing.

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

a.    The applicable approval criteria and standards that apply to the application or appeal;

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

c.    A statement that failure to raise an issue with sufficient detail to give the 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;

d.    Before the conclusion of the initial evidentiary hearing, any participant may ask the Planning Commission for an opportunity to present additional relevant evidence or testimony that is within the scope of the hearing. The hearings body shall grant the request by scheduling a date to finish the hearing (a “continuance”) per paragraph 2 of this subsection, or by leaving the record open for additional written evidence or testimony per paragraph 3 of this subsection.

2.    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;

3.    If the Planning Commission leaves the record open for additional written evidence or testimony, the record shall be left open for at least seven days after the hearing. Any participant may ask the City in writing for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed, the Planning Commission shall reopen the record per subsection D of this section;

a.    When the Planning Commission re-opens the record to admit new evidence or testimony, any person may raise new issues which relates to that new evidence or testimony;

b.    An extension of the hearing or record granted pursuant to Section C is subject to the limitations of ORS 227.178 (“120-day rule”), unless the continuance or extension is requested or agreed to by the applicant;

c.    If requested by the applicant, the City shall allow the applicant at least seven days after the record is closed to all other persons to submit final written arguments in support of the application, unless the applicant expressly waives this right. The applicant’s final submittal shall be part of the record but shall not include any new evidence.

4.    The record.

a.    The record shall contain all testimony and evidence that is submitted to the City and the hearings body and not rejected;

b.    The hearings body may take official notice of judicially cognizable facts under the applicable law. If the review authority takes official notice, it must announce its intention and allow persons participating in the hearing to present evidence concerning the noticed facts;

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

5.    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 Section 6 below) as reasonably possible. However, the public has a countervailing right of free access to public officials. Therefore:

a.    At the beginning of the public hearing, hearings body members shall disclose the substance of any pre-hearing ex parte contacts (as defined in Section 6 below) 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;

b.    A member of the hearings body shall not participate in any proceeding in which they, or any of the following, has a direct or substantial financial interest: Their spouse, brother, sister, child, parent, father-in-law, mother-in-law, partner, any business in which they are then serving or have served within the previous two years, or any business with which they are negotiating for or have an arrangement or understanding concerning prospective partnership or employment. Any actual or potential interest shall be disclosed at the hearing where the action is being taken;

c.    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;

d.    If all members abstain or are disqualified, those members present who declare their reasons for abstention or disqualification shall be re-qualified to make a decision;

e.    If a member of the hearings body abstains or is disqualified, the City shall provide a substitute in a timely manner subject to the impartiality rules in Section 6;

f.    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.

6.    Ex parte communications.

a.    Members of the hearings body shall not:

1.    Communicate, directly or indirectly, with any applicant, appellant, other party to the proceedings, or representative of a party about any issue involved in a hearing, except upon giving notice, per Section 5 above;

2.    Take official notice of any communication, report, or other materials outside the record prepared by the proponents or opponents in connection with the particular case, unless all participants are given the opportunity to respond to the noticed materials.

b.    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:

1.    Places in the record the substance of any written or oral ex parte communications concerning the decision or action; and

2.    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.

c.    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;

d.    If all members abstain or are disqualified, those members present who declare their reasons for abstention or disqualification shall be re-qualified to make a decision;

e.    If a member of the hearings body abstains or is disqualified, the City shall provide a substitute in a timely manner subject to the impartiality rules in Section 6;

f.    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;

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

7.    Presenting and receiving evidence.

a.    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;

b.    No oral testimony shall be accepted after the close of the public hearing. Written testimony may be received after the close of the public hearing, only as provided in Section C;

c.    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 hearing and an opportunity is provided to dispute the evidence. In the alternative, a member of the hearings body may visit the property to familiarize him or herself with the site and surrounding area, but not to independently gather evidence. In the second situation, at the beginning of the hearing, he or she shall disclose the circumstances of the site visit and shall allow all participants to ask about the site visit.

D.    The Decision Process.

1.    Basis for decision. Approval or denial 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;

2.    Findings and conclusions. Approval or denial shall be based upon the criteria and standards considered relevant to the decision. The written decision shall explain the relevant criteria and standards, state the facts relied upon in rendering the decision, and justify the decision according to the criteria, standards, and facts;

3.    Form of decision. The Planning Commission shall issue a final written decision containing the findings and conclusions stated in subsection 2, which either approves, denies, or approves with specific conditions. At the close of the hearing, the Planning Commission shall make its decision including the supportive findings of fact and conclusions of law. The decision of the Planning Commission shall be prepared in the form of a Planning Commission Resolution from the official hearing minutes and record, The Planning Commission may also issue appropriate intermediate rulings when more than one permit or decision is required;

4.    Decision-making time limits. A final order for any Type III action shall be filed with the Community Development Director or designee within ten business days after the close of the deliberation.

E.    Notice of Decision. Written notice of a Type III decision shall be mailed to the applicant and to all participants of record and emailed to the City Council within five business days after the hearings body decision. Failure of any person to receive mailed or emailed notice shall not invalidate the decision, provided that a good faith attempt was made to mail or email the notice. The decision many include a requirement for non-remonstration for future road improvements.

F.    Final Decision and Effective Date. The decision of the hearings body on any Type III application is final for purposes of appeal on the date it is mailed by the City. The decision is effective on the day after the appeal period expires. If an appeal is filed, the decision becomes effective on the day after the appeal is decided by the City Council. The notification and hearings procedures for Type III applications on appeal to the City Council shall be the same as for the initial hearing. [Ord. 533 § 3 (Exh. N), 2023].

A.    Application requirements. See 4.1.700.

B.    Notice of Hearing.

1.    Required hearings. A minimum of two hearings, one before the Planning Commission and one before the City Council, are required for all Type IV applications, except annexations where only a hearing by the City Council is required.

2.    Notification requirements. Notice of public hearings for the request shall be given by the Community Development Director or designee in the following manner:

a.    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 227.175 and mailed to:

1.    Each owner whose property would be rezoned in order to implement the ordinance (i.e., owners of property subject to a comprehensive plan amendment shall be notified if a zone change would be required to implement the proposed comprehensive plan amendment);

2.    Any affected governmental agency.

3.    Recognized neighborhood groups or associations affected by the ordinance;

4.    Any person who requests notice in writing;

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

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

b.    At least 14 calendar days before the scheduled Planning Commission public hearing date, and 14 calendar days before the City Council hearing date, notice shall be published in a newspaper of general circulation in the City.

c.    The Community Development Director or designee shall:

1.    For each mailing of notice, file an affidavit of mailing in the record as provided by Subsection a; and

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

d.    The 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.

e.    Notifications for annexation shall follow the provisions of this Chapter and ORS 199.

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

a.    The number and title of the file containing the application, and the address and telephone number of the Community Development Director’s office where additional information about the application can be obtained;

b.    A description of the location of the proposal reasonably calculated to give notice of the location of the geographic area;

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

d.    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 section C below); and

e.    Each mailed notice required by section B shall contain the following statement: “Notice to mortgagee, lien holder, vendor, or seller: The Sisters Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser.”

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

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

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

C.    Hearing Process and Procedure.

1.    Unless otherwise provided in the rules of procedure adopted by the City Council:

a.    The presiding officer of the Planning Commission and of the City Council shall have the authority to:

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

2.    Direct procedural requirements or similar matters; and

3.    Impose reasonable time limits for oral presentations.

b.    No person shall address the Commission or the Council without:

1.    Receiving recognition from the presiding officer; and

2.    Stating their full name and address.

c.    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.

2.    Unless otherwise provided in the rules of procedures adopted by the Council, the presiding officer of the Commission and of the Council, shall conduct the hearing as follows:

a.    The presiding officer shall begin the hearing with a statement of the nature of the matter before the body, a general summary of the procedures, a summary of the standards for decision-making, and whether the decision which will be made is a recommendation to the City Council or the final decision of the Council;

b.    The Community Development Director’s or designee’s report and other applicable staff reports shall be presented;

c.    The public shall be invited to testify;

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

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

D.    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.

E.    Decision-Making Considerations. The recommendation by the Planning Commission and the decision by the City Council shall be based on consideration of the following factors:

1.    Approval of the request is consistent with the Statewide Planning Goals;

2.    Approval of the request is consistent with the Comprehensive Plan; and

3.    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. The applicant must demonstrate that the property and affected area shall be served with adequate public facilities, services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users; or applicant’s proposal to provide concurrently with the development of the property such facilities, services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users.

4.    Compliance with 4.7.600, Transportation Planning Rule (TPR) Compliance

F.    Approval Process and Authority.

1.    The Planning Commission shall:

a.    After notice and a public hearing, vote on and prepare a recommendation in the form of a Resolution to the City Council to approve, approve with modifications, approve with conditions, deny the proposed change, or adopt an alternative; and

b.    Within 14 calendar days of determining a recommendation, the presiding officer shall sign the written recommendation, and it shall be filed with the Community Development Department.

2.    Any member of the Planning Commission who votes in opposition to the Planning Commission’s majority recommendation may file a written statement of opposition with the Community Development Department 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;

3.    If the Planning Commission fails to adopt a recommendation to approve, approve with modifications, approve with conditions, deny the proposed change, or adopt an alternative proposal, within 60 days of its first public hearing on the proposed change, the Community Development Director or designee shall:

a.    Report the failure together with the proposed change to the City Council; and

b.    Provide notice and put the matter on the City Council’s agenda, a public hearing to be held, and a decision to be made by the Council. No further action shall be taken by the Commission.

4.    The City Council shall:

a.    Approve, approve with modifications, approve with conditions, deny, or adopt an alternative to an application for legislative change, or remand the application to the Planning Commission for rehearing and reconsideration on all or part of the application;

b.    Consider the recommendation of the Planning Commission; however, it is not bound by the Commission’s recommendation; and

c.    Act by ordinance, which shall be signed by the Mayor after the Council’s adoption of the ordinance.

G.    Vote Required for a Legislative Change.

1.    A vote by a majority of the qualified voting members of the Planning Commission present is required for a recommendation for approval, approval with modifications, approval with conditions, denial or adoption of an alternative.

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

H.    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 Department. The City shall also provide notice to all persons as required by other applicable laws.

I.    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.

J.    Record of the Public Hearing.

1.    A verbatim record of the proceeding shall be made by stenographic, mechanical, or electronic means. It is not necessary to transcribe an electronic record. The minutes and other evidence presented as a part of the hearing shall be part of the record;

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

3.    The official record shall include:

a.    All materials considered by the hearings body;

b.    All materials submitted by the Community Development Director or designee to the hearings body regarding the application;

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

d.    The final ordinance;

e.    All correspondence; and

f.    A copy of the notices which were given as required by this Chapter.

A.    Application Requirements.

Acceptance of any application is subject to Section 1.4.700(E)(3)(a). All applications shall:

1.    Include the information requested on the application form. The Community Development Director is authorized to adopt, and revise from time to time, application forms and the submittal requirements for particular applications;

2.    Include electronic copies of all materials submitted (acceptable file types to be determined by the Community Development Director or designee);

3.    Include a preliminary title report or equivalent printed within 90 days of the date of the application submittal;

4.    Be filed with a minimum of one (1) copy of 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. The Community Development Director or designee may require additional copies to be provided;

5.    Be filed with the required fee;

6.    Land Divisions. Include an impact study for all land division applications. The impact study shall quantify and assess the effect of the development on public facilities and services. The study shall address, at a minimum the following:

a.    Drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development;

b.    For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users.

c.    In situations where this Code requires the dedication of real property to the City, the City shall either (1) include in the written decision evidence that shows that the required property dedication is roughly proportional to the projected impacts of the development on public facilities and services, or (2) delete the dedication as a condition of approval.

7.    Type III. If the Community Development Director determines an impact study is required, the applicant shall include an impact study for Type III applications. The impact study shall quantify/assess the effect of the development on public facilities and services. The Community Development Director will determine which aspects of the impact study shall be addressed, which may include the transportation system including pedestrian ways and bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where this Development Code requires the dedication of real property to the City, the City shall either (1) include in the written decision evidence that shows that the required property dedication is roughly proportional to the projected impacts of the development on public facilities and services, or (2) delete the dedication as a condition of approval; and,

8.    Type IV – A map and/or plan addressing the appropriate criteria and standards in sufficient detail for review and decision (as applicable);

B.    120-day Rule. The City shall take final action on permit applications which are subject to this Chapter, including resolution of all appeals, within 120 days from the date the application is deemed as complete unless superseded by other ORS chapters or provisions. 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 – plan and code amendments – under ORS 227.178.)

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

D.    Pre-application Meetings.

1.    Participants. A Pre-Application Conference is optional for Type I, II, III and IV applications.

2.    The fee charged for pre-application reviews shall be credited towards any additional city application fee charges applied to the proposed subject project. If no additional city permits are sought for the proposed project subject to the pre-application review, the applicant shall not be refunded any portion of the pre-application review fee.

3.    At such meeting, the Community Development Director or designee may:

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

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

c.    Provide available technical data and assistance which will aid the applicant;

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

e.    Reasonably identify other opportunities or constraints concerning the application.

f.    The written comments received are advisory and intended as a guideline to assist developers in preparing land use applications. Comments received for these reviews are not land use decisions, and are subject to change. Comments are based solely on the information submitted and may not apply to subsequent applications.

4.    Disclaimer. Failure of the Community Development Director or his/her designee to provide any of the information required by this Section C shall not constitute a waiver of any of the standards, criteria or requirements for the application;

5.    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.

E.    Applications.

1.    Initiation of applications:

a.    Applications for approval under this chapter may be initiated by:

1.    Order of City Council;

2.    Resolution of the Planning Commission;

3.    The Community Development Director or designee;

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

5.    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.

2.    Consolidation of proceedings. When an applicant applies for more than one type of land use or development permit (e.g., Zone Change and Site Plan) for the same one or more parcels of land, the proceedings shall be consolidated for review and decision.

a.    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.

b.    When proceedings are consolidated:

1.    The notice shall identify each application to be decided;

2.    The decision on a plan map amendment shall precede the decision on a proposed land use district change and other decisions on a proposed development. Similarly, the decision on a zone map amendment shall precede the decision on a proposed development and other actions; and

3.    Separate findings and decisions shall be made on each application.

c.    If one of the applications in a consolidated proceeding requires final approval from the City Council, then the entire application shall require final approval from the City Council.

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

a.    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;

1.    The required form;

2.    The required fee;

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

b.    Completeness.

1.    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;

2.    When the application is 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 (1), above. For the refusal to be valid, the refusal shall be made in writing and received by the Community Development Director or designee. If the applicant refuses in writing to submit the missing information, the application shall be deemed complete.

3.    Standards and criteria that apply to the application. Approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first accepted.

4.    Coordinated Review. The City shall also submit the application for review and comment to City Engineer; ODOT, and other applicable County, State and federal agencies for review.

4.    Changes or additions to the application during the review period. Once an application is deemed complete:

a.    All documents and other evidence relied upon by the applicant shall be submitted to the Community Development Department 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 Department, and transmitted to the hearings body, but may be too late to include with the staff report and evaluation;

b.    When documents or other evidence are submitted by the applicant during the review period, but after the application is deemed complete, the assigned review person or body shall determine whether or not the new documents or other evidence submitted by the applicant significantly change the application;

c.    If the assigned reviewer determines that the new documents or other evidence significantly change the application, the reviewer shall include a written determination that a significant change in the application has occurred as part of the decision. In the alternate, the reviewer may inform the applicant either in writing, or orally at a public hearing, that such changes may constitute a significant change (see “d,” below), and allow the applicant to withdraw the new materials submitted, in order to avoid a determination of significant change;

d.    If the applicant’s new materials are determined to constitute a significant change in an application that was previously deemed complete, the City shall take one of the following actions:

1.    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;

2.    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 (Section B, above) on the existing application. If the applicant does not consent, the City shall not select this option;

3.    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;

4.    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.

F.    The Community Development Director or designee shall:

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

2.    Accept all development applications which comply with Section 4.1.700;

3.    Prepare a staff report that summarizes the application(s) and applicable decision criteria, and provides findings of conformance and/or non-conformance with the criteria. The staff report should also provide a recommended decision of: approval; denial; or approval with specific conditions that ensure conformance with the approval criteria;

4.    Prepare a notice of the proposal decision:

a.    In the case of an application subject to a Type I or II review process, the 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;

b.    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 Sections 4.1.400.B (Type II), 4.1.500.B (Type III), or 4.1.600.B (Type IV);

5.    Administer the hearings process;

6.    File notice of the final decision in the City’s records and mail a copy of the notice of the final decision to the applicant; all persons who provided comments or testimony; persons who requested copies of the notice; and any other persons entitled to notice by law, and in the case of Type II decisions by staff also email the final decision to the Planning Commission on the date the notice is mailed to the Applicant and in the case of Type II and Type III decision by the Planning Commission, email the final decision to the City Council on the date the Decision is mailed to the Applicant;

7.    Maintain and preserve the file for each application for the time period required by law. The file shall include, as applicable, a list of persons required to be given notice and a copy of the notice given; the affidavits of notice; the application and all supporting information; the staff report; the final decision including the findings, conclusions and conditions, if any; all correspondence; minutes of any meeting at which the application was considered; and any other exhibit, information or documentation which was considered by the decision-maker(s) on the application; and

8.    Administer the appeals and review process.

G.    Amended Decision Process.

1.    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 which do not materially alter the decision.

2.    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 10 business days after the original decision would have become final, but in no event beyond the 120-day period required by state law. A new 14-calendar day appeal period shall begin on the day the amended decision is issued.

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

4.    Modifications to approved plans or conditions of approval requested by the applicant shall follow the procedures contained in Chapter 4. All other requested changes to decisions that do not qualify as minor or major modifications shall follow the appeal process.

H.    Review by Planning Commission and City Council.

1.    All Type II Decisions shall be emailed to Planning Commission members on the date the Decision is mailed to the applicant. Three or more members of the Planning Commission may initiate review of a Type II decision.

2.    All Decisions (Type II and III) approved by the Planning Commission shall be emailed to City Council members on the date the Decision is mailed to the applicant. Two or more members of the City Council may initiate review of a Type III Decision.

3.    The review shall be initiated in writing and delivered to the Community Development Department no later than 4:30 p.m. on the 14 calendar days following the date of the mailing of the final written decision to the applicant.

4.    Review shall be conducted in the same manner provided for in appeals, except that an appeal fee shall not be required.

I.    Re-submittal of Application Following Denial. An application which has been denied, or an application which was denied and which 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 which would change the outcome, as determined by the Community Development Director or designee.

J.    Major Modification.

1.    An applicant may apply to modify an approval at any time after a period of 60 days has elapsed from the time a development approval has become final.

2.    Unless otherwise specified in this Code and is not considered a minor modification, the grounds for filing a modification shall be that a change of circumstances since the issuance of the approval makes it desirable to make changes to the proposal, as approved. A modification shall not be filed as a substitute for an appeal or to apply for a substantially new proposal or one that would have significant additional impacts on surrounding properties.

3.    An application to modify an approval shall be directed to one or more discrete aspects of the approval, the modification of which would not amount to approval of a substantially new proposal or one that would have significant additional impacts on surrounding properties. Any proposed modification, as defined in this section, shall be reviewed only under the criteria applicable to that particular aspect of the proposal. Proposals that would modify an approval in a scope greater than allowable as a modification shall be treated as an application for a new proposal.

4.    An application for a modification of a Type I approval shall be processed as a Type I application. An application for a modification of a Type II approval shall be processed as a Type II application. An application for a Type III approval shall be processed as a Type III application. The Community Development Director shall have the discretion to forward any Type I or Type II modification to the Planning Commission for review.

5.    The effect, if any, of a modification upon the original approval time limitation shall be established in the modification decision.

K.    Lot of Record. Not all units of land are “lots of record.” The City of Sisters will not issue any permits on a unit of land until it is determined that it is a lot of record. If a unit of land is not in an approved subdivision or partition, has not been issued a land use permit, or has never been determined to be a lot of record, a declaratory ruling for a lot of record will need to be filed. A Declaratory Ruling will determine if and when a unit of land was created and if it was created in accordance with the law in effect at the time of creation.

1.    A lot of record is a unit of land held in separate ownership as shown on the records of the Deschutes County Clerk, which conforms to all zoning and subdivision/partition requirements in effect on the date the unit of land was created.

2.    A lot of record is not:

a.    A unit of land created solely by a tax lot segregation because of an assessor’s role change or for the convenience of the assessor;

b.    A unit of land created by an intervening section or township line or right-of-way;

c.    A unit of land created by the foreclosure of a security interest.

3.    Remedy for Parcels Found Not to Be Lots of Record.

a.    In accordance with SDC Chapter 4.3, consolidate the unit of land with a contiguous unit of land that is determined to be a lot of record. Both units of land must be held in the same ownership as shown on the records of the Deschutes County Clerk.

b.    Apply for and obtain approval for a single lot partition in conformance with ORS 92.177 and SDC 4.3.

c.    Apply for and obtain approval of a lot of record under ORS 92.176. [Ord. 533 § 3 (Exh. N), 2023; Ord. 497 § 2 (Exh. B), 2019; Ord. 486 § 2 (Exh. B), 2018; Ord. 478 § 1 (Exh. A), 2017].

A.    Purpose

The purpose of this Section is to establish uniform procedures for the appeal of land use and development and policy decisions provided in Chapter 4 of this Code.

B.    Appeal Authority

1.    Decisions reached by the following review authorities pursuant to Chapter 4 shall be subject to appeal to the authority shown:

a.    Community Development Department/Community Development Director/Planner – Decision may be appealed to the Planning Commission.

b.    Planning Commission – Decision may be appealed to the City Council.

c.    City Council – Decision may be appealed to the Land Use Board of Appeals (LUBA).

2.    Any request for modification or removal of conditions of approval shall be subject to review by the approving body. The approving body shall grant such request or portions thereof, only upon finding that the application of the condition or conditions would impose an undue or unnecessary hardship on the applicant, and that the condition causing the difficulty was not created by the applicant.

C.    Standing to Appeal

To have standing to appeal, persons must participate either orally or in writing at the public hearing.

D.    Initiation of Appeal

A decision of a review authority pursuant to Chapter 4 shall be appealed by a party with standing within the time limits prescribed. The filing of a Notice of Appeal shall be accompanied by the fee prescribed by Resolution of the City Council. Except as otherwise required, the notice of appeal and appeal fee must be received by the Community Development Department no later than 4:30 p.m. on the fourteenth calendar day following mailing of the decision. Notices of Appeals may not be filed by facsimile machine. The Notice of Appeal shall be submitted upon the form provided by the Community Development Department, shall include any such information as listed on the application submittal checklist and shall contain the following:

1.    A concise description of the land use decision sought to be reviewed, including the date of decision.

2.    A statement of the interest of the appellant seeking review and, that the appellant was a party to the initial proceedings.

3.    The grounds relied upon for review.

E.    Scope of Review on Appeal

All appeals to the Planning Commission or City Council shall include a de novo evidentiary hearing.

F.    Review of the Record

1.    When an appeal is scheduled for hearing by the Planning Commission or City Council, the Community Development Department shall prepare and transmit the Record, which shall include:

a.    Findings prepared by the Community Development Department and the Resolution adopted by the Planning Commission.

b.    All exhibits, materials, pleadings, memoranda, stipulations and motions submitted by any party and received or considered in reaching the decision under review.

c.    Minutes of any hearing or meeting during which the matter was discussed.

2.    The appeal authority shall make its decision based upon the Record and the testimony received during the hearing.

G.    Notice of Appeal Hearing

Notice of the hearing held by an appeal authority shall be of the same type as that required for the original hearing. Notice shall be mailed to the appellant, to all persons originally notified, and to parties to the hearing who may not have been on the original notification list.

H.    Appeal Authority Decision

1.    Upon review, the appeal authority may by Resolution remand, affirm, reverse, or modify a determination or requirement of the decision that is under review. When the appeal authority renders a decision that reverses or modifies a decision of the hearing body, the appeal authority, in its Resolution, shall set forth its findings and state its reasons for taking the action encompassed in the Resolution. When the appeal authority elects to remand the matter to the hearing body for further consideration, it shall include a statement explaining the errors or omissions found to have materially affected the outcome of the original decision and the action necessary to rectify such.

2.    Action by the appeal authority shall be decided by a majority vote of a quorum of the hearing body.

I.    The appeal of an approved land use application stays the expiration date of the decision until such time as the appeal process is complete. [Ord. 533 § 3 (Exh. N), 2023; Ord. 497 § 2 (Exh. B), 2019; Ord. 478 § 1 (Exh. A), 2017].

A.    Expedited Land Divisions. An Expedited Land Division (“ELD”) shall be defined and may be used as in ORS 197.360 which is expressly adopted and incorporated by reference here.

1.    Selection. An applicant who wishes to use an ELD procedure for a partition, subdivision or planned development instead of the regular procedure type assigned to it, must request the use of the ELD in writing at the time the application is filed, or forfeit his/her right to use it;

2.    Review procedure. An ELD shall be reviewed in accordance with the procedures in ORS 197.365;

3.    Appeal procedure. An appeal of an ELD shall be in accordance with the procedures in ORS 197.375.

A.    Neighborhood Meeting Requirement. Applicants are encouraged to meet with adjacent property owners and neighborhood representatives prior to submitting their application in order to solicit input and exchange information about the proposed development. In some cases, the Community Development Director or designee may require the applicant to meet with adjacent property owners or neighborhood representatives prior to accepting an application as complete.

The purpose of Site Plan Review is to ensure that structures, parking areas, walks, refuse containers, landscaping and street improvements are properly related to their sites and to surrounding sites and structures; to protect natural features; and to encourage originality in site design and development in a manner which will enhance the physical appearance and attractiveness of the community.

A.    Unless exempt, any new development, structure, building, or substantial alteration of an existing structure or use shall require Site Plan Review in accordance with Chapters 4.1 and 4.2. For the purposes of this Chapter, the term “substantial alteration” shall mean any development as defined by this Code that generally requires a building permit and may exhibit one or more of the following characteristics:

1.    The activity structurally alters the exterior of a structure, building or property by more than 25% of the existing floor area or 500 square feet, whichever is less.

2.    The activity involves changes in the use of a structure, building, or property from residential to commercial or industrial.

3.    The activity involves non-conforming uses as defined in Chapter 5.2.

B.    Exemptions from site plan review are as follows:

1.    Exterior elevation alterations that do not increase the square footage of the existing structures’ interior;

2.    Interior work which does not alter the exterior of the structure or affect parking standards by increasing floor area;

3.    Regular building maintenance including the repair or maintenance of structural members (e.g., roof, siding, paint, awnings, etc.), parking resurfacing;

4.    All residential development, except multi-family and group residential;

5.    Shared residential amenities (e.g., swimming pool, clubhouse, play equipment, picnic area, gazebo, barbecue area, and court-game facilities) approved through a master planned development;

6.    Manufactured homes on individual lots;

7.    Child Care Home;

8.    Home occupation;

9.    Residential accessory structures and accessory dwelling units;

10.    Other Accessory structures 200 square feet or less; or

11.    Landscaping, fences and similar developments/structures.

12.    Notwithstanding anything in the Development Code to the contrary, development not requiring public improvements may be exempt at the discretion of the Community Development Director.

C.    Notwithstanding any exemption to Site Plan review, compliance with the Development Code, including without limitation Chapter 3.5, is still required. Verification of compliance may be a condition to issuance of a building permit. City may require any of the submittal items required for Site Plan analysis to verify compliance with the Development Code. [Ord. 505 § 2 (Exh. D), 2020; Ord. 497 § 2 (Exh. B), 2019].

A.    Application Review. Site Plan Review shall be conducted as a Type II procedure using the procedures in Chapter 4.1, and using the approval criteria contained in Section 4.2.500.

B.    The Community Development Director shall have discretion to forward any site plan submitted for administrative approval to the Planning Commission for review.

In addition to the submission requirements required in Chapter 4.1, the Community Development Director or designee shall require all of the following existing and proposed information as deemed applicable for Site Plan Review.

A.    The scale, north arrow, date of preparation, name and address of project designer, street address and tax lot number.

B.    Lot or site dimensions.

C.    All existing and proposed buildings and structures: location, square footage and height.

D.    Elevations, floor plans with dimensions, building materials, color, and details of all mechanical equipment screening.

E.    Setbacks and space between buildings.

F.    Walls and fences: location, height and materials.

G.    Off-street vehicular and bicycle parking and off-street loading: location, number of spaces and dimensions of vehicular and bicycle parking and loading areas, internal circulation pattern.

H.    Access – pedestrian, bicycle, vehicular, service: points of ingress and egress, internal circulation. Pedestrian and bicycle circulation areas, including sidewalks, internal pathways, pathway connections to adjacent properties, and any bicycle lanes or trails.

I.    Signs: location, size, height and type of illumination.

J.    Lighting in compliance with the Dark Skies Ordinance: location and general nature.

K.    Name all adjacent streets, roads or alleys, showing right-of-way and dedication widths, reservation width, easements, utilities and all types of improvements existing or proposed.

L.    Landscaping: location, type, and method of irrigation.

M.    Outdoor recreation spaces, common areas, plazas, outdoor seating, street furniture, and similar improvements, as applicable.

N.    Refuse enclosures: location, type and material.

O.    Location of mail boxes, if known.

P.    Location and descriptions of any major topographic, natural or man-made features on the site such as rock outcrops, water features, existing vegetation, trees, graded areas, etc.

Q.    Preliminary Grading Plan. A preliminary grading plan prepared by a registered engineer shall be required for developments which would result in the grading (cut or fill) of 1,000 cubic yards or greater. The preliminary grading plan shall show the location and extent to which grading will take place, indicating general changes to contour lines, slope ratios, slope stabilization proposals, and location and height of retaining walls, if proposed. Surface water detention and treatment plans may also be required.

R.    Topographic contour lines at intervals determined by the City.

S.    Documentation that development will not exceed the trip generation thresholds identified in the Transportation System Plan or a transportation impact analysis conducted in a manner satisfactory to the City if the development will exceed the trip generation thresholds.

T.    Such other data and analyses pertaining to site development, including without limitation water and sewer, capacity analyses as may be required by the Community Development Department to make the required findings.

U.    Emergency vehicle turning movements and wheel tracking.

V.    Fire Prevention Control Plan. A fire prevention control plan shall be required including the information specified in SDC 3.7.200. [Ord. 543 § 2 (Exh. P), 2025; Ord. 505 § 2 (Exh. D), 2020].

Prior to issuance of building permits, the Community Development Director or designee shall approve, approve with conditions or disapprove the proposed site plan. In approving the plan, the Community Development Director or designee shall find that all provisions of the Development Code are met. The following criteria shall be considered:

A.    Conformance with applicable Design Standards in Chapter 3.

B.    Adequacy of public and private facilities.

C.    Traffic safety, internal circulation and parking, including pedestrian and bicycle safety;

D.    Provision for adequate noise and/or visual buffering from non-compatible uses.

E.    Conformance with applicable public works, building and fire code standards.

F.    Conformance with development requirements of the underlying zone.

A.    Following site plan approval, an applicant may make modifications to the plan consistent with the following procedures. The Community Development Director or designee will determine whether the proposed modification is a minor or a major modification.

1.    Minor modifications are those which are in substantial compliance with the layout, uses and conditions of the original plan review. Minor adjustments are those that entail minor changes in dimensions or siting of structures and location of public amenities, but do not entail changes to the intensity or character of the use or changes to the required development standards. The Community Development Director or designee may approve a minor modification upon finding that the modification is substantially consistent with the approved plan review, is consistent with the provisions of this code and the conditions of approval, and do not have substantially greater impacts on surrounding properties than the original plan. Other modifications are major modifications. See Chapter 4.1

A.    Approval Period – General. Site Plan Review approvals shall be effective for a period of two (2) years from the date of approval for a single-phased development, and up to two (2) additional years for all subsequent phases. In no case however shall any approval exceed 4 years for single phase development, including extensions, and 6 years for multi phased development, including extensions, from the original approval date. The approval shall lapse if:

1.    A building permit has not been issued within the time period stated herein; or

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

B.    Single-Phased Project Extension.

1.    The Community Development Director or designee may, upon written request by the applicant prior to the expiration date, grant a single one-year extension per project; provided that:

a.    No changes are made on the original approved site plan;

b.    The applicant can show intent of initiating construction on the site within the extension period;

c.    There have been no changes to the applicable Code provisions on which the approval was based. If there have been changes to the applicable Code provisions and the expired plan does not comply with those changes, then the extension shall not be granted; in this case, a new site plan review shall be required;

d.    The applicant demonstrates that failure to obtain building permits and substantially begin construction within two years of site plan approval was beyond the applicant’s control.

2.    Additional Extension by Original Decision-Making Body. The original decision-making body may or may not, upon written request by the applicant prior to the expiration date granted by the Community Development Director, grant a single additional one-year extension at their discretion. In no case however shall extensions combined with original approval durations exceed four years for single phased development from the original approval date.

C.    Phased Development. The City, at its discretion, may approve a time schedule for developing a site in phases. Any such approval shall be subject to the following standards and procedures:

1.    Approval Procedures and Durations.

a.    A phasing plan shall be submitted with the Site Plan Review application.

b.    The Community Development Director may approve a time schedule for developing a site in phases, but in no case shall the time period be greater than 2 years from the date that the decision became final for the first phase or 4 years from the date the decision became final for the final phase unless an extension is granted under SDC 4.2.700(C)(2).

c.    Approval of a phased site plan review proposal requires satisfaction of all of the following criteria:

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

ii.    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 Section 4.2.800. A temporary public facility is any facility not constructed to the applicable City or district standard, subject to review by the Public Works Director or designee;

iii.    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

iv.    An application for phasing may be approved after Site Plan Review approval as a modification to the approved plan, in accordance with the procedures for minor modifications (Section 4.2.600 – Modifications).

2.    Extensions.

a.    The Community Development Director may, upon written request by the applicant prior to the expiration date, grant a single (not one per phase for a phased development) one-year extension to any approval provided that:

i.    No changes are made on the original approved site plan;

ii.    The applicant can show good faith efforts have been made towards completion of the project or the applicable phase, prior to the expiration date;

iii.    There have been no changes to the applicable Development Code, Public Works Construction Standards, or other applicable criteria on which the approval was based. If there have been changes, then the extension shall not be granted and a new site plan review shall be required, unless the development can, in the discretion of the Community Development Director be modified to comply with all current standards and the Community Development Director adds conditions of approval to ensure compliance.

b.    Additional Extension by Original Decision-Making Body. Upon written request by the applicant prior to the expiration date of the extension granted by the Community Development Director, the original decision-making body may grant a single (not one per phase for phased developments) additional one-year extension subject to SDC 4.2.700(C)(2)(a). In no case however shall extensions combined with original approval durations exceed four years for single phased development, and six years from the original approval date for subsequent phases within a multiple-phased development.

c.    Extensions for Phased Developments. If an extension is granted for a phased development, the extension extends the current phase and all subsequent phases by the length of the extension.

3.    Additional Approval Time Extension. Notwithstanding Sections A, B and C, above, all City Site Plan Review approvals, including approvals for which the City has granted an extension of time, that were due to expire on or after December 31, 2014, are hereby automatically and exceptionally extended to June 30, 2015. Site Plan Review approvals that were approved after January 1, 2015 shall comply with Sections A, B, and C, above. Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections B and C, above. [Ord. 497 § 2 (Exh. B), 2019].

A.    Performance Bonds for Public Improvements. On all projects where public improvements are required, the City shall require a bond in an amount not greater than 120% or other adequate assurances as a condition of site development approval in order to guarantee the public improvements;

B.    Release of Performance Bonds. The bond or assurance shall be released when the Community Development Director, Public Works Director or designee finds the completed project conforms to the site development approval, including all conditions of approval.

C.    Completion of Landscape Installation. Landscaping shall be installed prior to issuance of occupancy permits, unless security equal to the cost of the landscaping as determined by the Community Development Director, designee or a qualified landscape architect is filed with the City Recorder assuring such installation within six months after occupancy. If the installation of the landscaping is not completed within the six-month period, the security may be used by the City to complete the installation.

D.    Business License Filing. The applicant shall ensure that all business occupants of the completed project, whether permanent or temporary, shall apply for and receive a City business license prior to initiating business.

The purpose of this Chapter is to:

A.    Provide rules, regulations and standards governing the approval of subdivisions, partitions and lot line adjustments;

B.    Carry out the City’s development pattern, as envisioned by the Comprehensive Plan;

C.    Encourage efficient use of land resources, full utilization of urban services, and adequate provisions for motor vehicle, pedestrian and bicycle circulation;

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

E.    Lessen or avoid traffic congestion, and secure safety from fire, flood, pollution and other dangers;

F.    Provide adequate light and air, prevent overcrowding of land, and facilitate adequate provision for transportation, water supply, sewage and drainage; and

G.    Encourage the conservation of energy resources.

A.    Compliance with ORS Chapter 92. All subdivision and partition proposals shall be in conformance with State regulations set forth in Oregon Revised Statute (ORS) Chapter 92, Subdivisions and Partitions.

B.    Need for Adequate Utilities. All lots created through land division shall be served by public utilities and facilities such as sewer, gas, electrical, and water systems.

C.    Floodplain. Where land filling and/or development is allowed within or adjacent to the 100-year flood plain outside the zero-foot rise flood plain, and the Comprehensive Plan designates the subject flood plain for park, open space, or trail use, the City may require the dedication of sufficient open land area for a greenway adjoining or within the flood plain. When practicable, this area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway within the flood plain in accordance with the City’s adopted trails plan or pedestrian and bikeway plans, as applicable. The City shall evaluate individual development proposals and determine whether the dedication of land is justified based on the development’s impact to the park and/or trail system, consistent with the Public Works Construction Standards, latest edition.

D.    Cul-de-sacs shall be “day-lighted” to provide pedestrian and bicycle access as allowed by neighboring properties as shown below. The Planning Commission, in conjunction with tentative subdivision plat applications, shall approve the design of all day-lighted cul-de-sacs (opening width, fencing, landscaping, hardscape, etc.).

Figure 4.3.200.A – Daylighted Cul-de-sacs

E.    Easements for sewers, storm drainage and water quality facilities, water mains, electric lines or other public utilities shall be dedicated on a final plat, or provided for in the deed restrictions, prior to any connection to public infrastructure, in conformance to the Public Works Construction Standards, latest edition.

F.    Public Improvements Required. Before City approval is certified on the final plat, all required public improvements shall be installed, inspected, and approved in accordance with the City’s Public Works Construction Standards, latest edition. Alternatively, the subdivider/partitioner shall provide a performance guarantee, in accordance with Section 4.3.800.

G.    Underground Utilities. This standard applies only to proposed subdivisions. All utility lines including, but not limited to, those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, and high capacity electric lines operating at 50,000 volts or above. The following additional standards apply to all new subdivisions, in order to facilitate underground placement of utilities:

1.    The developer shall make all necessary arrangements with the serving utility to provide the underground services. Care shall be taken to ensure that above ground equipment does not obstruct vision clearance areas for vehicular traffic (Chapter 3.1);

2.    The City reserves the right to approve the location of all surface mounted facilities;

3.    All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and

4.    Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made.

5.    Exception to Under-Grounding Requirement. An exception to the under-grounding requirement may be granted due to physical constraints, such as steep topography, sensitive lands or refusal by utility companies.

H.    Dedication Requirements.

1.    Where a proposed park, playground or other public use shown in a plan adopted by the City is located in whole or in part in a subdivision, the City shall require the dedication or reservation of this area on the final plat for the subdivision.

2.    If determined by the Planning Commission to be in the public interest in accordance with adopted Comprehensive Plan policies and the City of Sisters Park Plan, and where an adopted plan of the City does not indicate proposed public use areas, the City shall require the dedication or reservation of areas within the subdivision of a character, extent and location suitable for the development of parks and other public uses.

3.    All required dedications or reservations of public use areas shall conform to Section 4.3.200.K (Conditions of Development Approval).

I.    Acquisition by Public Agency. If the developer is required to reserve land area for a publicly owned park, playground, or other public use, the land shall be acquired by the appropriate public agency within 24 months following final plat approval, at a price agreed upon prior to approval of the plat, or the reservation shall be released to the property owner.

J.    System Development Charge Credit. Dedication of land to the City for public use areas shall be eligible as a credit toward any required system development charge for parks.

K.    Conditions of Development Approval. No development may occur unless required public facilities are in place or are guaranteed in conformance with the provisions of this Code and the Public Works Construction Standards, latest edition. Improvements required as a condition of development approval, when not voluntarily accepted by the applicant, shall be roughly proportional to the impact of development. Findings in the development approval shall indicate how the required improvements are roughly proportional to the impact.

L.    When subdividing or partitioning tracts into large lots (i.e., greater than two times the minimum lot size allowed by the underlying land use district), the lots shall 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.

M.    Streets shall be extended to the boundary lines of the parcel or tract to be developed, when the Hearings Body determines that the extension is necessary to give street access to or permit a satisfactory future division of, adjoining land. The point where the streets temporarily end shall conform to 1-3, below.

1.    These extended streets or street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as through streets when the adjoining property is developed.

2.    A barricade (e.g., fence, bollards, boulders or similar vehicle barrier) shall be constructed at the end of the street by the sub-divider and shall not be removed until authorized by the City or other applicable agency with jurisdiction over the street. The cost of the barricade shall be included in the street construction cost.

3.    Temporary turnarounds (e.g., hammerhead or bulb-shaped configuration) shall be constructed for stub streets over 150 feet in length and in accordance to Oregon Fire Code.

N.    Defensible Space Standards. Development shall comply with the applicable defensible space standards in Chapter 3.7 SDC. [Ord. 543 § 2 (Exh. Q), 2025].

Some lots in existing neighborhood may have standard widths but may be unusually deep compared to other lots in the area. Infill candidate areas generally consist of unused space at the back of a lot that may provide room for one or more lots for infill housing. Infill lots may be developed as “flag lots” or “driveway courts” as defined herein.

A.    Flag Lots. Flag lots shall comply with the following development standards;

1.    To determine if an existing lot is eligible for Flag lot development, the following criteria shall be met:

a.    Minimum lot area: twice that required by the underlying zone.

b.    Minimum lot width: 20 feet wider than the width required by the underlying zone.

2.    Development Standards.

a.    The minimum lot frontage for a flag lot shall be 20 feet. A 20-foot wide flag lot driveway pole may serve no more than two (2) parcels or lots (the front parent parcel and the flag lot) and no more than four (4) dwelling units, including accessory dwellings. A shared drive serving more than one lot shall have a reciprocal access and maintenance easement recorded for all lots.

b.    A flag lot driveway shall not exceed 150 feet in length, unless Oregon Fire Code (OFC) standards are met.

c.    The pole shall not be less than 20 feet wide. The pole shall be improved with a minimum 12 foot wide paved driveway.

d.    No fence, structure or other obstacle shall be placed within the shared drive alignment.

e.    Residential lots created as flag lots shall be subject to Floor Area Ratio (FAR) standards. For the purpose of calculating FAR the Flag Pole area of the lot shall not be counted.

f.    Flag lot development shall not be permitted on collector or arterial streets.

g.    The access strip shall not be included in the calculation of lot area for purposes of determining compliance with any minimum lot size provision of this Code.

h.    If the flag portion is adjacent to a street, the dwelling unit shall have its primary entrance oriented to the street. If the flag portion is not adjacent to a street, the structures located on the flag portion are exempt from orientation standards.

Figure 4.3.300.A – Flag Lot (Typical)

B.    Driveway courts. Driveway provide access to public or private streets. Driveway courts are intended to facilitate residential infill and redevelopment of properties when no other development alternative exists. Driveway court development shall comply with the following development standards.

1.    Minimum private drive aisle pavement width shall be 20 feet.

2.    Pavement width shall be recorded as an easement or a tract and shall include private utility easements as needed and shall be maintained by property owners association or other legal entity.

3.    Maximum length of the driveway court shall be 150 feet from the centerline of the intersecting street to the centerline of the driveway court.

4.    No parking is allowed within the driveway court. “No Parking” signs shall be required and maintained.

5.    A pedestrian pathway shall be provided at the “T” to connect to adjoining development.

6.    Design shall be in compliance with the provisions of the Oregon Fire Code.

7.    All buildings shall have their primary entrance oriented to a street where feasible.

Figure 4.3.300.B – Driveway Court

A.    Subdivision and Partition Approval through Two-step Process. Applications for subdivision or partition approval shall be processed through a two-step process; the preliminary plat and the final plat.

1.    The preliminary plat shall be approved before the final plat can be submitted for consideration and approval; and

2.    The final plat shall include all conditions of approval of the preliminary plat.

B.    Review of Preliminary Plat. Review of a preliminary plat with 2 or 3 lots (partition) shall be processed as a Type II procedure, as governed by Chapter 4.1.400. Preliminary plats with more than 3 lots (subdivision) shall be processed as a Type III procedure under 4.1.500. All preliminary plats shall be reviewed using approval criteria contained in Section 4.3.600.

C.    Review of Final Plat. Review of a final plat for a subdivision or partition shall be processed as a Type I procedure under Chapter 4.1.300, using the approval criteria in Section 4.3.700.

D.    Preliminary Plat Approval Period – Single Phased Development. Preliminary plat approval shall be effective for a period of two (2) years from the date the approval becomes final for single-phased land divisions. The preliminary plat approval shall lapse if a complete final plat application has not been submitted prior to the expiration date.

E.    Preliminary Plat Approval Period – Multi Phased Subdivision.

1.    The City, at its discretion, may approve a time schedule for developing a subdivision in phases, but in no case shall the expiration period for the initial subdivision phase be greater than two years from the date the preliminary plat approval became final or six years from the date that the preliminary plat approval became final for the final phase unless an extension is granted in accordance with SDC 4.3.400(F). The Community Development Director shall determine whether the approval, whether for the entire subdivision or any particular phase, has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires. Such a determination will be made through either a Type II decision or, at the discretion of the Community Development Director, a Type III decision before the Planning Commission. Significant infrastructure includes but is not limited to site grading, streets, water, sewer, power and communications services construction sufficient in terms of time, labor, and/or money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval.

2.    The criteria for approving a phased land division proposal are:

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

b.    The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval. Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements, in accordance with Section 4.3.800. A temporary public facility is any facility not constructed to the applicable City or district standard;

c.    The phased subdivision 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 preliminary plat; and

d.    A request for a phased land division shall be made as part of the preliminary plat application for a phased subdivision.

F.    Extensions

1.    The Community Development Director may, upon written request by the applicant and payment of the required fee prior to expiration of an approval, grant a total of one extension of the approval for one year from the applicable expiration date per project; provided that:

a.    The applicant can show good faith efforts have been made towards platting the applicable land division;

b.    For a phased development, only a single one-year extension is permitted (not one per phase). If granted, the issuance of the extension extends the current phase and all subsequent phases by an additional year.

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

d.    There have been no changes to the applicable Development Code, Public Works Construction Standards, or other applicable criteria on which the approval was based. If there have been changes, then the extension will not be granted, and a new application shall be required, unless the land division can, in the discretion of the Community Development Director, be modified to comply with all current standards and the community Development Director adds conditions of approval to ensure compliance.

2.    Additional Extension by Original Decision-Making Body. The original decision-making body may, upon written request by the applicant prior to the expiration of the approval period granted by the Community Development Director, grant a single additional one-year extension per SDC 4.4.300(F)(1).

3.    Through the Type III application process, the Planning Commission is authorized to consider resetting the expiration date of the approval as a part of approving a major modification to an existing tentative plat. The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed major modification.

G.    Additional Approval Time Extension. Notwithstanding Sections D, E and F, above, all City Subdivision and Partition approvals, including approvals for which the City has granted an extension of time, that were due to expire on or after December 31, 2014, are hereby automatically and exceptionally extended to June 30, 2015. Subdivision and Partition approvals that were approved after January 1, 2015 shall comply with Sections D, E, and F, above. Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Sections D, E and F above.

H.    Modifications

Following partition or subdivision approval, an applicant may make modifications to the plan consistent with the following procedures. The Community Development Director or designee will determine whether the proposed modification is a minor or major modification.

1.    Minor modifications are those in keeping with the general layout and pattern of the approved plan and include minor relocations of property lines, streets, walkways and alleys, changes in the site utilities, and changes which do not increase the number of lots. The Community Development Director or designee may approve a minor modification upon finding that the modification is substantially consistent with the approved tentative plan, is consistent with the provisions of this code and the conditions of approval, and does not have substantially greater impacts on surrounding properties than the original tentative plan.

2.    Other modifications are major modifications. See Chapter 4.1. [Ord. 497 § 2 (Exh. B), 2019; Ord. 478 § 1 (Exh. A), 2017].

A.    General Submittal Requirements. The following information shall be submitted:

B.    Preliminary Plat Information. In addition to the general information described in Subsection A above, the preliminary plat application shall consist of drawings and supplementary written material (i.e., on forms and/or in a written narrative) adequate to provide the following information:

1.    General Information:

a.    Name of subdivision (not required for partitions). This name must not duplicate the name of another subdivision in the county in which it is located (please check with County Surveyor);

b.    Date, north arrow, and scale of drawing;

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

d.    Names, addresses and telephone numbers of the owners, designer, and engineer or surveyor if any, and the date of the survey; and

e.    Identification of the drawing as a “preliminary plat.”

2.    Site analysis:

a.    Streets: Location, name, present width of all streets, alleys and right-of-way on and abutting the site;

b.    Easements: Width, location and purpose of all existing public and private easements of record on and abutting the site;

c.    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;

d.    Ground elevations shown by contour lines at 5-foot vertical intervals for ground slopes exceeding 10 percent and at 2-foot intervals for ground slopes of less than 10 percent. Such ground elevations shall be related to some established benchmark or other datum approved by the County Surveyor. This requirement may be waived for partitions when grades, on average, are less than 6 percent;

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

f.    Potential natural hazard areas, including any flood plains, areas subject to high water table, landslide areas, and areas having a high erosion potential;

g.    Sensitive lands, including wetland areas, streams, wildlife habitat, and other areas identified by the City or natural resource regulatory agencies as requiring protection;

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

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

j.    The location, size and species of trees having a caliper (diameter) of eight inches or greater measured at four feet above grade in conformance with Chapter 3.2, and, any tree with a historic designation regardless of size;

k.    North arrow, scale, name and address of owner;

l.    Name and address of project designer, if applicable; and

m.    Other information, as deemed appropriate by the Community Development Director or designee. The City may require studies or exhibits prepared by qualified professionals to address specific site features and code requirements.

n.    A Traffic Impact Statement or Study may be required at the discretion of the Community Development Director or designee for any development that will generate less than 200 vehicle trips per day. A Traffic Impact Study shall be required for any development that generates more than 200 vehicle trips per day.

3.    Proposed improvements:

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

b.    Easements: location, width and purpose of all easements;

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

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

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

f.    Preliminary location of development showing that future buildings can meet dimensional standards of base zone;

g.    The proposed source and preliminary plans for domestic water;

h.    The proposed method and preliminary plans of sewage disposal and method and preliminary plans of surface water drainage and treatment, if required;

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

j.    Proposed railroad crossing or modifications to an existing crossing, if any, and evidence of contact with Oregon Department of Transportation related to proposed railroad crossing(s);

k.    Changes to navigable streams, or other water courses. Provision or closure of public access to these areas shall be shown on the preliminary plat, as applicable;

l.    Identification of the base flood elevation for development of more than 3 lots may be required at the discretion of the Community Development Director or designee. If required, written evidence of initiation of a Federal Emergency Management Agency (FEMA) flood plain map amendment shall be required when development is proposed to modify a designated 100-year flood plain. FEMA approval of the amendment may be a condition of city land use approval;

m.    Evidence of written notice to the Oregon Department of Transportation (ODOT) for any development requiring access to a highway under the State’s jurisdiction; and

n.    Evidence of written notice to the applicable natural resource regulatory agency(ies) for any development within or adjacent to jurisdictional wetlands and other sensitive lands.

o.    Phase development plan shall include the following;

1.    Overall tentative plan, including phase or unit sequence, and the schedule of initiation of improvements and projected completion date.

2.    Overall facility development phasing plan, including transportation and utility facility plans that specify the traffic pattern plan for motor vehicles, bicycles and pedestrian, water systems plans, sewer system plans and utility plans.

3.    Development and phasing plans for any common elements or facilities.

C.    Fire Prevention Control Plan. A fire prevention control plan shall be required including the information specified in SDC 3.7.200. [Ord. 543 § 2 (Exh. Q), 2025].

A.    General Approval Criteria. The City may approve, approve with conditions or deny a preliminary plat based on the following approval criteria:

1.    All relevant provisions of the Comprehensive Plan are met.

2.    The proposed preliminary plat complies with all of the applicable Development Code sections and other applicable ordinances and regulations. At a minimum, the provisions of this Chapter, and the applicable sections of Chapter 2 (Land Use Districts) and Chapter 3 (Design Standards) shall apply;

3.    The proposed plat name is not already recorded for another subdivision, and satisfies the provisions of ORS Chapter 92;

4.    The proposed streets, roads, sidewalks, bicycle lanes, pathways, utilities, and surface water management facilities are laid out so as to conform or transition to the plats of subdivisions and maps of major partitions already approved for adjoining property as to width, general direction and in all other respects. All proposed public improvements and dedications are identified on the preliminary plat; and

5.    All proposed private common areas and improvements (e.g., homeowner association property) are identified on the preliminary plat.

B.    Housing Density. The subdivision meets the City’s housing density standards of Chapter 2.

C.    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.

A.    Submission Requirements. Final plats shall be reviewed and approved by the City prior to recording with Deschutes County. The applicant shall submit a complete final plat application prior to the applicable expiration date of the preliminary plat approval.

B.    Approval Criteria. By means of a Type I procedure, the Community Development Director shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria:

1.    The final plat complies with the approved preliminary plat, and all conditions of approval have been satisfied;

2.    All public improvements required by the preliminary plat have been installed and approved by the Community Development Director or designee. Alternatively, the developer has provided a performance guarantee or a cash contribution equivalent to the cost of constructing the required improvements in accordance with Section 4.3.800.

3.    The streets and roads for public use are dedicated without reservation or restriction other than reversionary rights upon vacation of any such street or road and easements for public utilities;

4.    The streets and roads held for private use have been approved by the City as conforming to the preliminary plat;

5.    The plat contains a dedication to the public of all public improvements, including but not limited to streets, public pathways and trails, access reserve strips, parks, sewage disposal, storm drainage and water supply systems;

6.    The applicant has provided copies of all recorded homeowners association Code, Covenants, and Restrictions (CC&R;s); deed restrictions; private easements and agreements (e.g., for access, common areas, parking, etc); and other recorded documents pertaining to common improvements recorded and referenced on the plat);

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

8.    Certification by the City or service district, as applicable, that water and sanitary sewer service is available to each and every lot depicted on the plat; or bond, contract or other assurance has been provided by the subdivider/partitioner to the City that such services will be installed in accordance with Public Works Construction Standards, latest edition, and the bond requirements of Section 4.3.800. The amount of 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;

9.    The plat contains an affidavit by the surveyor who surveyed the land, represented on the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by ORS Chapter 92, and indicating the initial point of the survey, and giving the dimensions and kind of such monument, and its reference to some corner established by the U.S. Geological Survey or giving two or more permanent objects for identifying its location. [Ord. 497 § 2 (Exh. B), 2019; Ord. 478 § 1 (Exh. A), 2017].

A.    Performance Guarantee Required. When a performance guarantee is required under Section 4.3.200(F), the subdivider/partitioner shall file an assurance of performance with the City supported by one of the following:

1.    Cash deposit;

2.    A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or

3.    A cash contribution equivalent to the costs of constructing the required public improvements.

B.    Determination of Sum. The assurance of performance shall be for a sum determined by the City as required to cover the cost of the improvements and repairs, including related engineering and incidental expenses.

C.    Itemized Improvement Estimate. The developer shall furnish to the City an itemized improvement estimate, certified by a registered civil engineer, to assist the City in calculating the amount of the performance assurance.

D.    Agreement. An agreement between the City and developer shall be recorded with the final plat that stipulates all of the following:

1.    Specifies the period within which all required improvements and repairs shall be completed;

2.    A provision that if work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the applicant;

3.    Stipulates the improvement fees and deposits that are required.

4.    Provides for construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract.

    The agreement may be prepared by the City, or in a letter prepared by the applicant. It shall not be valid until it is signed and dated by both the applicant and authorized City representative.

E.    When the Subdivider Fails to Perform. In the event the developer fails to carry out all provisions of the agreement and the City has un-reimbursed costs or expenses resulting from such failure, the City shall call in the bond or cash deposit for reimbursement.

F.    Termination of Performance Guarantee. The developer shall not cause termination of nor allow expiration of the guarantee without having first secured written authorization from the City. [Ord. 478 § 1 (Exh. A), 2017].

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

B.    Proof of recording. Prior to issuance of building permits for the newly-created lots, the applicant shall submit to the City a mylar copy, a paper copy, and an electronic copy of all sheets of the recorded final plat.

C.    Prerequisites to recording the plat.

1.    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.

2.    No plat shall be recorded until it is approved by the County Surveyor in the manner provided by ORS Chapter 92. [Ord. 497 § 2 (Exh. B), 2019].

A.    Replatting and Vacations. Any plat or portion thereof may be replatted or vacated upon receiving an application signed by all of the owners as appearing on the deed.

B.    Procedure. All applications for a replat or vacation shall be processed in accordance with the procedures and standards for a subdivision or partition (i.e., the same process used to create the plat shall be used to replat or vacate the plat). The same appeal rights provided through the subdivision and partition process shall be afforded to the plat vacation process. (See Chapter 4.1 – Types of Applications and Review Procedures).

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

D.    Recording of vacations. All approved plat vacations shall be recorded in accordance with 4.3.900 and the following procedures:

1.    Once recorded, a replat or vacation shall operate to eliminate the force and effect of the plat prior to vacation; and

2.    Vacation shall also divest all public rights in the streets, alleys and public grounds, and all dedications laid out or described on the plat.

E.    After sale of lots. When lots have been sold, the plat may be vacated only in the manner herein, and provided that all of the owners of lots within the platted area consent in writing to the plat vacation.

F.    Vacation of streets. All street vacations shall comply with the procedures and standards set forth in ORS Chapter 271.

G.    Vacation of easements or rights-of-ways. The City may require accessways, 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.

Lot Line Adjustments include the consolidation of lots, and the modification of lot boundaries which do not result in the creation of new lots (includes consolidation of lots).

The application submission and approval process is as follows:

A.    Submission Requirements. All applications for Lot Line Adjustment shall be made on forms provided by the City and shall include information required for a Type I application, as governed by Chapter 4.1.3. The application shall include a preliminary lot line map 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; location of significant vegetation as defined and mapped in Section 3.2.500.B-C; existing fences and walls; and any other information deemed necessary by the Community Development Director or designee for ensuring compliance with City codes.

B.    Approval Process

1.    Decision-making process. Lot line adjustments shall be reviewed by means of a Type I procedure, as governed by Chapter 4.1.3, using approval criteria contained in subsection C, below.

2.    Time limit on approval. The lot line adjustment approval shall be effective for a period of 1 year from the date of approval, during which time it must be recorded.

3.    Lapsing of approval. The lot line adjustment approval shall lapse if:

a.    The lot line is not recorded within the time limit in subsection 2.

b.    The lot line adjustment has been improperly recorded with Deschutes County without the satisfactory completion of all conditions attached to the approval; or

c.    The final recording is a departure from the approved plan.

C.    Approval Criteria. The Community Development Director or designee shall approve or deny a request for a lot line adjustment in writing based on findings that all of the following criteria are satisfied:

1.    No additional parcel or lot is created by the lot line adjustment, however, the number of lots or parcels may be reduced;

2.    Lot standards. All lots and parcels comply with the applicable lots standards of the land use district (Chapter 2) including lot area and dimensions;

3.    Access. All lots and parcels comply with the standards or requirements of Chapter 3.1 – Access and Circulation;

4.    Setbacks. The resulting lots, parcels, tracts, and building locations comply with the standards of the land use district (Chapter 2);

5.    Non-conforming. The resulting lots, parcels, tracts, and building locations may not create development which is non-conforming or closer to non-conformance;

6.    Exemptions from Dedications and Improvements. A lot line adjustment is not considered a development action for purposes of determining whether right-of-way dedication or improvement is required.

D.    Recording Lot Line Adjustments

1.    Recording. Upon the City’s approval of the proposed lot line adjustment, the applicant shall record the lot line adjustment with Deschutes County within 1 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.

2.    Time limit. The applicant shall submit a copy of the recorded lot line adjustment survey map to the City within 15 days of recording and prior to the issuance of any building permits on the re-configured lots.

E.    Extension. The Community Development Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that:

1.    No changes are made on the original plan as approved by the City;

2.    The applicant can show intent of recording the approved partition or lot line adjustment within the one-year extension period;

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

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

The purpose of a Minor Conditional Use Permit and Conditional Use Permit is to review uses that may be permitted in the underlying zoning district but which because of their size, operation, or other characteristics require review on a case-by-case basis. The purpose of review shall be to determine that the characteristics of any such use shall be reasonably compatible with the type of uses permitted in surrounding areas, and for the further purpose of stipulating such conditions as may be reasonable to protect the health, safety, general welfare and well-being of the persons residing or working in the neighborhood or for the general welfare of the City.

In addition to the submission requirements required in Chapter 4.1, an application for a Minor Conditional Use Permit or Conditional Use Permit approval shall include the following existing and proposed information (A-K) as deemed applicable by the Community Development Director or designee and in compliance with the Development Code:

A.    Existing site conditions;

B.    Site plan;

C.    Preliminary grading plan;

D.    A landscape plan;

E.    Floor plans and elevations;

F.    Signs: location, size, height and type of illumination;

G.    A copy of all restrictions or covenants.

H.    Narrative or letter documenting compliance with all applicable approval criteria in Section 4.4.400.

I.    Preliminary title report or equivalent up to six months old

J.    Pdf’s of all drawings.

K.    Any additional information deemed necessary by the Community Development Director or designee.

A.    Initial Application. An application for a Minor Conditional Use Permit shall be processed as a Type II procedure and a Conditional Use Permit shall be processed as a Type III procedure (Chapter 4.1). The application shall meet submittal requirements in Section 4.4.200 and the approval criteria in Section 4.4.400.

B.    Either the Community Development Director or the applicant shall have the right to refer a Minor Conditional Use Permit application directly to the Planning Commission in lieu of the normal process for Minor Conditional Use Permits.

Approval Criteria. The Planning Commission (Conditional Use Permit) or Community Development Director or designee (Minor Conditional Use Permit) shall determine whether or not the establishment, maintenance, or operation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood or the general welfare of the City. The City shall approve, approve with conditions, or deny an application for a Minor Conditional Use Permit or Conditional Use Permit based on the following criteria:

A.    That the location, size, design, and operating characteristics of the proposed use will be compatible with and will not have significant adverse effects on the appropriate development and use of abutting properties and the surrounding neighborhood. Consideration shall be given to scale, bulk, coverage, and density; to the availability of civic facilities and utilities; to harmful effects, if any, upon desirable neighborhood characteristics and livability; to the generation of traffic and the capacity of surrounding streets; and to any other relevant impact of the development.

B.    The location, design, and site planning of the proposed use will provide a convenient, attractive and functional living, working, shopping or civic environment.

C.    The proposed use is in conformance with this Development Code.

D.    The criteria for Site Plan Review approval (4.2.500) shall be met. [Ord. 533 § 3 (Exh. O), 2023].

The City may impose conditions that are found necessary to ensure that the use is compatible with other uses in the vicinity, and that the negative impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions include, but are not limited to, the following:

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

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

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

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

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

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

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

H.    Limiting the number, size, location, height and/or lighting of signs;

I.    Limiting or setting standards for the location, design, and/or intensity of outdoor lighting;

J.    Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance;

K.    Requiring and designating the size, height, location and/or materials for fences;

L.    Encouraging the protection and preservation of natural features including existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources, and/or sensitive lands;

M.    Requiring the protection and preservation of designated Historic trees and natural features;

N.    Requiring the dedication of sufficient land to the public, and/or construction of pedestrian/bicycle pathways in accordance with the adopted Transportation System Plan, where applicable. Dedication of land and construction shall conform to the provisions of Chapter 3.1.

O.    Such other conditions as will make possible orderly and efficient development in conformance to the Sisters Comprehensive Plan and this Development Code.

Construction, reconstruction, or widening of highways, roads, bridges or other transportation facilities that are not (1) improvements designated in the city’s adopted Transportation System Plan or not (2) designed and constructed as part of an approved subdivision or partition, are allowed in all Districts subject to a Conditional Use Permit and the following criteria.

A.    The project and its design are consistent with the city’s adopted Transportation System Plan (TSP).

B.    The project design is compatible with abutting land uses in regard to noise generation and public safety and is consistent with the applicable zoning and development standards and criteria for the abutting properties.

C.    The project design minimizes environmental impacts to identified wetlands, wildlife habitat, air and water quality, cultural resources, and scenic qualities, and a site with fewer environmental impacts is not reasonably available. The applicant shall document all efforts to obtain a site with fewer environmental impacts, and the reasons alternative sites were not chosen.

D.    The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.

E.    The project includes provisions for bicycle and pedestrian access and circulation consistent with the Comprehensive Plan, the requirements of this ordinance, and the city’s adopted Transportation System Plan.

F.    For State transportation facility projects, the State Department of Transportation (ODOT) shall be given the opportunity to provide a narrative statement with the application demonstrating compliance with all of the criteria and standards in sections B-E above.

G.    Where applicable an Environmental Impact Statement or Environmental Assessment may be used to address one or more of these criteria.

H.    If the City determines that the proposed use or activity or its design is inconsistent with the city’s adopted Transportation System Plan, then the applicant shall obtain a plan and/or zoning amendment prior to or in conjunction with Conditional Use Permit approval. The applicant’s options are as follows:

1.    If the City determination is made prior to a final decision on the conditional use permit application, permanently withdraw the conditional permit application, or

2.    If the City determination is made prior to a final decision on the conditional use permit application, withdraw the conditional permit application, apply for a plan/zone amendment, and re-apply for a conditional use permit if and when the amendment is approved, or

3.    If the City determination is made prior to a final decision on the conditional use permit application, submit a plan/zoning amendment application for joint review and decision with the conditional use permit application, along with a written waiver of the ORS 227.178 120-day period within which to complete all local reviews and appeals once the application is deemed complete, or

4.    If the City determination is part of a final decision on the conditional use permit application, submit a new conditional use permit application, along with a plan/zoning amendment application for joint review and decision.

I.    A Conditional Use Permit for Transportation System Facilities shall be void after three (3) years of the original date of decision if no construction has begun within that time period.

A.    Not including Section 4.4.600 Transportation System Facilities and Improvements, within one (1) year following the approval date of a Minor Conditional Use Permit or Conditional Use Permit, substantial construction on the development shall be completed or underway, or if a use, the use shall have commenced operation. If a request for an extension is filed with the planning department within one (1) year from the approval date, the approving authority (Community Development Director or Planning Commission), may, upon written request by the applicant, grant a single extension of the expiration date for a period not to exceed one (1) year from the expiration date. An extension shall be based on findings that the facts upon which the Minor Conditional Use Permit or Conditional Use Permit was first approved have not changed to an extent sufficient to warrant refiling of the use permit.

B.    Any Minor Conditional Use Permit or Conditional Use Permit granted pursuant to this code is transferable to subsequent owners or contract purchasers of the property unless otherwise provided at the time of granting such permit.

C.    Expiration. The Minor Conditional Use Permit or Conditional Use Permit shall expire when the use has been discontinued for a period of twelve (12) consecutive months.

If at any time any development code standards or conditions attached to a Minor Conditional Use Permit or Conditional Use Permit approval have been violated, the Community Development Director may initiate revocation through a public hearing before the Planning Commission. Revocation of a Minor Conditional Use Permit or Conditional Use Permit shall require the use to cease and desist immediately if approved by the Planning Commission. If revocation occurs, a new use permit approval shall be required prior to resuming the use.

The revocation process is subject to appeal in the manner used for the appeal of a Type II decision, including fees, notices and time-frames.

Any change in a valid Minor Conditional Use Permit or Conditional Use Permit be considered and processed as a new Minor Conditional Use Permit or Conditional Use Permit application.

The purpose of this Section is to encourage creativity, flexibility and open space in the planning of Residential, Commercial, Industrial and Mixed Use Developments.

A.    Applicability. The Master Planned development designation may be combined with any of the City’s land use districts. An applicant may develop a project as a Master Planned Development. A Master Planned development shall be required prior to subdividing, partitioning, or developing any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family, Industrial or the Commercial Districts, and for all Major Retail Developments.

B.    Uses.

1.    Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts. Master Plans are encouraged to have a mix of residential uses.

2.    MP in other Districts shall have a mix of appropriate uses in accordance with the underlying zoning district.

3.    Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20% of the gross area of the MP. Such use(s) shall be considered a conditional use subject to compliance with the conditional use permit criteria in Chapter 4.4.

C.    Accessory Uses. Accessory uses such as laundry rooms, recreational vehicle storage areas, storage and maintenance facilities and similar uses may be permitted. All accessory buildings/uses shall be approved per the Master Plan. [Ord. 497 § 2 (Exh. B), 2019].

A.    Submittal requirements as required by Site Plan Review, Chapter 4.2, may be processed as part of the Master Plan Approval. When the submittal requirements including elevations and floor plans are not included as part of the Master Plan application, then subsequent Site Plan Review applications and approvals shall be required as a condition of approval of the Master Plan. All Site Plan Review applications shall be submitted prior to the expiration of the Master Plan approval.

B.    The Master Planned development and all other concurrent applications shall be reviewed using the Type III procedure in Chapter 4.1, the submittal requirements in Section 4.5.500, and the approval criteria in Section 4.5.700.

C.    As a condition of approval, the applicant shall record a deed restriction on the subject property and all future lots and parcels created, noting inclusion in the approved Master Planned Development.

D.    Land Use District map designation. After the Master Plan has been approved, the Land Use District Map shall be amended to indicate the approved Master Planned Development (MPD) designation for the subject development site.

A.    If the continuous horizontal distance (i.e., as measured from end-wall to end-wall) of an individual facade of a multi-family structure is greater than 20 lineal feet, the facade shall contain a minimum of five of the following features:

1.    Upper story setbacks, provided one or more of the upper stories are set back from the face of the building at least six feet.

2.    Dormers

3.    Gables

4.    Recessed entries

5.    Covered porch entries

6.    Cupolas or towers

7.    Pillars or posts

8.    Eaves (min. 12-inch projection)

9.    Window trim (minimum 4-inches wide)

10.    Bay or oriel windows

11.    Balconies

12.    Decorative patterns on exterior finish (e.g., scales/shingles, wainscoting, ornamentation, and similar features)

13.    Decorative cornices and roof lines (e.g., for flat roofs)

14.    An alternative feature providing visual relief, similar to options 1-13.

B.    Development standards, except for density, landscape and open space, may be modified by up to 20 percent of the required standard of the underlying Zone District. Dimensional standards include lot area, lot width, setbacks, lot coverage, lot depth, and access spacing on local streets. These development standards may be modified upon a finding by the Planning Commission that such modification will not be detrimental to the general welfare, health or safety of the City of Sisters and will enhance the visual characteristics of the neighborhood.

C.    Except for residential uses, parking space requirements may be modified up to 20 percent of the required standard upon a finding by the Planning Commission that such modification will not be detrimental to the general welfare, health or safety of the City of Sisters and will enhance the visual characteristics of the neighborhood. All other vehicle and bicycle parking standards shall be per City Standards and shall be provided for in the submitted plan.

D.    Public and private streets and alleys shall comply with the Public Works Construction Standards, latest edition. See also Access and Circulation, Chapter 3.1.

E.    Landscaping. A landscaping plan in accordance to Chapter 3.2 showing all fences, walls, hedges, screen plantings and trees shall be provided for in the submitted plan.

F.    Laundry Facilities. All dwelling units shall be provided with internal laundry facilities or an accessory laundry building shall be provided on site.

G.    Garbage and recycling collection areas. All exterior garbage cans, garbage collection areas, and recycling collection areas shall be oriented away from the street and adjacent properties. Trash enclosures shall be constructed of solid, durable and attractive walls/fences, a minimum of six (6) feet in height, with solid doors, and shall be visually consistent with project architecture. Trash receptacles for pedestrian use are exempt. Trash enclosures shall be compliant with all applicable fire codes.

H.    Open Space. The net acreage of the development site shall be used to calculate the minimum required open space of 15%. Net acres shall be determined by subtracting land dedicated to the public for rights-of-way or private streets and alleys.

Usable open spaces may be provided in the form of natural areas, tree preservation areas, playgrounds, active or passive recreational areas, and similar areas. Portions of the right-of-ways that include tree preservation or parkway strips 10-feet or greater may also be counted as open space. Usable open space area shall not include: drainage swales with slopes steeper than a 3:1 slope, right-of-ways for public or private streets and alleys, parkway strips less than 10-feet, vehicle parking areas, areas adjacent to or between any structures less than ten (10) feet apart, setbacks, patios and private yards.

Open space area calculations and dimensions shall be provided for in the plan submitted. Open space must be readily accessible to all lots and uses within the Master Plan development, and be generally accessible to the public (using a public access easement). Access to private recreational buildings can be restricted to residents within the Master Plan development.

Open space shall be designated as a common area on the Master Plan and on all plats, as applicable. Open space may be dedicated to the public, if approved by a public agency with responsibility for open space, recreation, or park facilities. If the open space is privately owned, it shall be maintained by a homeowners association, property owner, or other legal entity.

I.    Amenities. All residential planned developments shall provide recreational amenities which may include: a swimming pool, spa, clubhouse, tot-lot with play equipment, picnic area, gazebo, barbecue area, day care facilities, and court-game facilities. The minimum number of amenities required shall be according to the following schedule.

J.    Public Improvements Needed for Development. Development shall not occur unless the public improvements serving the development comply with the Public Works Construction Standards, latest edition,

K.    Conditions of Development Approval. No development may occur unless required public facilities are in place or are guaranteed in conformance with the provisions of this Code and the Public Works Construction Standards, latest edition. Improvements required as a condition of development approval, when not voluntarily accepted by the applicant, shall be roughly proportional to the impact of development. Findings in the development approval shall indicate how the required improvements are roughly proportional to the impact.

L.    Mixed-use Development Requirement

1.    The Master Plan process may be used to transfer ground-floor commercial and residential uses between parcels in the same development, which may result in stand-alone residential structures or ground-floor residential uses fronting the street, provided that a minimum of 50 percent of the ground floor shall be commercial uses.

2.    Mixed use developments may be mixed “vertically” – meaning that a residential use is developed above the commercial use or may be mixed “horizontally” – meaning commercial and residential uses both occupy ground floor space, provided that a minimum of 50 percent of the ground floor shall be commercial uses.

3.    Mixed use developments may be modified as allowed by Section a and b upon a finding by the Planning Commission that such modification will not be detrimental to the general welfare, health or safety of the City of Sisters and will enhance the visual characteristics of the neighborhood.

4.    Mixed use developments may be modified as allowed by Section a and b upon a finding by the Planning Commission that such modification will create an attractive mixed-use environment through the use and inter-relationship of open spaces, building locations, building scale, and design, and pedestrian amenities

M.    Gated communities may be permitted upon a finding by the Planning Commission that such modification will not be detrimental to the general welfare, health and safety of the City of Sisters and will enhance the visual characteristics of the neighborhood.

N.    Front lot lines do not need to abut a street. [Ord. 486 § 2 (Exh. B), 2018].

A.    Submittal requirements. The applicant shall submit an application containing all of the general information required for a Type III procedure, as governed by Chapter 4.1. In addition, the applicant shall submit the following:

1.    A detailed project description by the applicant; This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant;

2.    Burden of Proof documenting compliance with all applicable approval criteria;

3.    Complete application form with fee;

4.    Electronic copies of all materials submitted (acceptable file types to be determined by the Community Development Director or designee); and,

5.    Preliminary title report or equivalent printed within 90 days of the date of the application submittal.

6.    Existing Conditions Site Plan

7.    Topographic Map at appropriate contour intervals to be determined by the Community Development Director

8.    Access and Circulation Map

9.    Site Plan – proposed

10.    Landscape/Open Space Plan

11.    Utility Plan

12.    Conceptual Drainage Plan (to include benchmarks and elevations at staffs discretion)

13.    Fire Prevention Control Plan. A fire prevention control plan shall be required including the information specified in SDC 3.7.200.

14.    Elevations and floor plans of all proposed buildings, unless reviewed during subsequent Site Plan Review applications.

15.    Sign Plan if applicable

16.    Tentative Plat if applicable

17.    Development Schedule

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

19.    Special studies prepared by qualified professionals may be required by the Community Development Director, Planning Commission or City Council to determine potential traffic, geologic, noise, environmental, natural resource and other impacts, and required mitigation. [Ord. 543 § 2 (Exh. R), 2025].

A.    Comprehensive Sign Plan is intended to integrate the signs proposed for a development project with the design of the structures, into a unified architectural statement. A Comprehensive Sign Plan provides a means for defining common sign regulations for multi-tenant projects, to encourage maximum incentives in the design and display of multiple signs and to achieve, not circumvent the intent of this Ordinance.

1.    Applicability. A Comprehensive Sign plan shall be required for all Master Plans. Signs shall comply with the provisions of this ordinance and Chapter 3.4 Signs.

2.    Approval Authority. The City shall approve a Comprehensive Sign Plan as part of the Master Plan approval.

3.    Application Requirements. The Comprehensive Sign plan shall include all information and materials required as follows:

a.    Location: identification of sign locations on the buildings and on the property.

b.    Materials: description of the type of sign and sign materials including construction materials and proposed lighting if any.

c.    Size: itemization of sign size or sign band area at identified locations.

d.    The Comprehensive Sign plan shall accommodate future revisions that may be required because of changes in use or tenants; and

e.    Signs located in the Commercial Districts shall comply with the 1880’s Western Design Theme.

4.    Revisions to Comprehensive Sign Plans. The Community Development Department may approve revisions to a Comprehensive Sign plan if the intent of the original approval is not affected.

The City shall make findings that all of the following criteria are satisfied when approving, or approving with conditions, the Master Planned development. The City shall make findings that at least one of the criteria is not satisfied when denying an application:

A.    Comprehensive Plan. All relevant provisions of the Comprehensive Plan are met;

B.    Land Division Chapter. All of the requirements for land divisions, as applicable, shall be met (Chapter 4.3);

C.    Chapter 2 Land Use and Chapter 3 Design Standards. Land use and design standards contained in Chapter 2 and 3 are met, except as modified by Section 4.5.400.

D.    Property Development Standards. Land use and design standards contained in Section 4.5.400 are met.

E.    Architectural Features. The Master Plan includes architectural features that complement and enhance positive characteristics of the site and surrounding area. Setbacks from streets shall be staggered or buildings otherwise provided with architectural features that assure variety and interest along the street. Master Plans in the Commercial Districts shall comply with the 1880’s Western Frontier Design Theme;

F.    Compliance with Purpose of Master Planned Development Chapter. The Master Plan substantially meets the purpose of Section 4.5.100; and

G.    Comprehensive Sign Plan. The Master Plan is in compliance with Section 4.5.600, Comprehensive Sign Plan.

H.    Conformance with applicable public works, building and fire code standards.

A.    Master Plan Approval Duration. The Master Plan approved by the Planning Commission shall expire three (3) years from the date on which the decision is final, if the approval has not been initiated. The Community Development Director shall determine whether the approval has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires. Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director. Significant infrastructure includes but is not limited to site grading, streets, water, sewer, power and communications services construction sufficient in terms of time, labor, and/or money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval.

B.    Extension. The City may, upon written request by the applicant and payment of the required fee, grant up to two (2) one-year extensions of the approval period. The first extension may be approved administratively. The second extension, if needed, shall be considered and may be granted by the original decision body at their discretion. Extensions may be considered if:

1.    No changes have been made on the original Master Plan as approved;

2.    There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based; and

3.    The extension is requested before expiration of the original approval.

C.    Additional Approval Time Extension. Notwithstanding Sections A and B, above, all City Master Plan approvals, including approvals for which the City has granted an extension of time, that were due to expire on or after December 31, 2014, are hereby automatically and exceptionally extended to June 30, 2015. Master Plan approvals that were approved after January 1, 2015 shall comply with Sections A, and B, above. Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Section B, above.

D.    Modifications to Master Plan.

1.    The following minor modification examples may be approved administratively by the Community Development Director;

a.    An increase to the amount of open space or landscaping;

b.    Changes to dimensional standards identified in Section 4.5.400.B as long as the minimum requirements are satisfied. Changes to dimensional standards approved as part of a land division shall be reviewed using Chapter 4.3 Land Divisions and Lot Line Adjustments.

c.    The location of buildings, proposed streets, parking and landscaping or other site improvements shall be as proposed, or as modified through conditions of approval. Changes in the location or alignment of these features by 25 feet or less or other changes of similar magnitude may be approved administratively. Changes to locations approved as part of a land division shall be reviewed using Chapter 4.3 Land Divisions and Lot Line Adjustments.

2.    Other modifications are major modifications. See Chapter 4.1.

3.    The Community Development Director or the applicant shall have the right to refer a proposed amendment directly to the Planning Commission for their determination of whether or not the amendment creates a substantial adverse impact to the approved Master Plan.

4.    Through the Type III decision process, the Planning Commission is authorized to reset the expiration date of the Master Plan approval as part of approving a major modification to an existing master plan. The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed modification. [Ord. 533 § 3 (Exh. P), 2023; Ord. 478 § 1 (Exh. A), 2017].

A.    Purpose. The purpose of this section is to provide a housing type that responds to changing household sizes and ages (e.g., retirees, small families, single-person households) and provides opportunities for ownership of small, detached single-family dwelling units within the Cottage Development. The Cottage Development supports the following principles:

1.    Encourages the creation of more usable open space for residents of the development through flexibility in density and lot standards;

2.    Supports the growth management goal of more efficient use of urban residential land;

3.    Provides development standards to ensure compatibility with surrounding land uses; and,

4.    Allows diversity of land uses within certain commercial zones as well as establishes smaller lot sizes and creative residential development within residential zones.

5.    Does not apply to infill development of parcels without an approved master plan.

B.    Applicability and Permitted Uses.

1.    Cottage Developments are permitted in the R-Residential, MFD Multi-Family Residential District, Sun Ranch Residential District, and in the portion of the Downtown Commercial (DC) District that allows new single family dwellings. Cottage developments are allowed as part of a master planned development.

2.    Cottage Developments are reviewed under Cottage Development and Subdivision review processes in addition to the standards and criteria found herein. In the event of conflicts between this chapter and the underlying zoning, these standards and criteria supersede the standards and criteria found in the underlying zone.

3.    Buildings accessory to a Cottage Development are subject to the development standards in this section.

4.    On a lot to be used for a cottage housing development, existing detached single-family residential structures, which may be non-conforming with respect to the standards of this section, shall be permitted to remain, but the extent of the non-conformity may not be increased. Such non-conforming dwelling units shall be included in the maximum permitted cottage density.

5.    Accessory dwelling units are not permitted within Cottage Developments.

6.    Mixed-use developments (residential and commercial uses) are allowed in Cottage Developments located in the Downtown Commercial (DC) District.

7.    Prior to recording a subdivision plat for any new or modified cottage development, all cottage developments shall provide Covenants, Codes and Restrictions (CC&RS) or similar enforceable document that provides assurance of the ongoing maintenance of all common areas within the Cottage Development. All agreements are subject to review and acceptance by the City of Sisters prior to enacting the agreement.

C.    General Requirements.

1.    Cottage development sites in residential districts shall be a minimum of one acre in gross area. Cottage developments within approved Master Planned Developments shall be at least 1/2 (one half) acre in size within any residential district. There is no minimum size for cottage development sites in the eligible lots located within the Downtown Commercial District provided that all minimum standards for cottage developments are met.

2.    Each cottage development shall contain a minimum of four cottages.

3.    Density of the underlying zoning district with a cottage development may be increased by 25% in the R – District only.

4.    Community buildings and all common areas within a cottage development shall be mutually owned by the Home Owner’s Association or other legal mechanism and shall be for the use of the development’s inhabitants. Alternative forms of maintaining common areas may be proposed and approved by the governing body on a case by case basis.

5.    Alley access is preferred where an alley is available. Alternate forms of access may be approved as part of the Master Plan.

6.    New lots created as a part of a Cottage Development are not required to have frontage on either a public or private street.

D.    Development Standards. The design standards and floor area requirements ensure that the overall size and scale including bulk and mass of cottage structures remain smaller and incur less visual impact than standard sized single-family dwellings.

1.    Cottages.

a.    Minimum lot size within the Cottage Development is 2,000 square feet.

b.    The total floor area of each cottage shall not exceed 1,250 square feet and not to exceed 60% lot coverage.

c.    The second level floor area shall not exceed 50% of the first floor area. For the purposes of this calculation, the garage area may be counted and the area of interior stairway may be allocated between floors served.

d.    The maximum height of any cottage shall be defined by the underlying zoning district.

e.    Cottage areas that do not count toward the total floor area calculation in subsection 4.6.100.D.1.b include:

i.    Unheated storage space located under the main floor of the cottage;

ii.    Architectural projections, such as bay windows or fireplaces;

iii.    Attached roofed porches;

iv.    Attached and/or detached garages;

v.    Spaces with a ceiling height of six feet or less measured to the exterior walls, such as in a second floor area under the slope of the roof.

f.    Cottage setbacks:

i.    Front – 4 feet minimum to common open space.

ii.    Side – 5 feet minimum or 10 feet between habitable buildings.

iii.    Rear – 10 feet minimum.

iv.    10' minimum to all streets.

2.    Community Building (if proposed).

a.    Setbacks:

i.    20' from any cottage.

ii.    10' from any property line.

iii.    10' from any garage or accessory structure.

iv.    5' from any driveway, access aisle or parking area.

3.    Garages.

a.    Garages having direct access to the street shall be approved at the discretion of the governing body if it is the only practical access solution to a particular site.

b.    Garages or covered parking spaces may be attached, detached, or clustered together.

c.    Garages when accessed from a public alley shall be setback a minimum of 10 feet if front loaded or 3 feet if side loaded.

d.    Garages or covered parking spaces are counted towards meeting the parking requirements.

4.    Private Alleys.

a.    All alleys shall be constructed to current City standards.

5.    Parking Requirements. The parking requirements are designed to ensure minimal visual impact from vehicular use and parking areas for residents of the Cottage Development and adjacent properties, and to maintain a single-family character along public streets.

a.    One on-site parking spaces shall be required per studio or one bedroom cottage; One and one-half parking spaces for a two bedroom cottage and two on-site parking spaces shall be required for three or more bedroom cottages.

b.    Permissible parking spaces include a garage (20' x 10' minimum), covered parking space or parking stall (18' x 9' minimum) or garage driveway (20' x 8' minimum).

c.    Parking, including garages, shall not be located between a cottage and the front property line.

d.    Parking may be either provided on individual lots or in a combined parking area or areas.

e.    Garage driveways that are at least 20' long by 10' wide may count as parking. On street parking directly adjacent to the development may be considered in fulfilling parking calculations, at the discretion of the governing bodies.

6.    Building Orientation and Architectural Treatments.

a.    Community buildings, accessory buildings and garages shall match the architectural theme of the cottage development by incorporating similar design treatments on the community buildings, accessory buildings and garages.

b.    Separation of Identical Building Elevations. Units of identical elevation types must be separated by at least two different elevations. This will result in at least three different elevations per cottage development. No two adjacent structures shall be built with the same orientation (reverse elevations do not count as different building elevations), facade, materials, and colors.

c.    Variety in Building Design. Design standards shall comply with the requirements of the underlying zone.

d.    Rear elevations are allowed to face a public street as long as the design detailing is consistent with front or side elevations.

7.    Screening Requirements.

a.    Parking areas shall be screened from public streets and cottages by landscaping, fencing or buildings where practicable.

b.    Boundaries between cottage dwellings and neighboring properties shall be screened with landscaping to reduce the appearance of bulk or intrusion onto adjacent properties, or otherwise treated (i.e., through setbacks or architectural techniques) to meet the intent of this section.

c.    Common waste and other storage receptacles shall not be placed in the front yard setback area.

d.    Common waste and other storage receptacles shall be architecturally screened and/or screened with landscaping so as to mask their appearance to residents, adjacent property owners, and the public rights-of-way.

8.    Open Space.

a.    Shared Open Space.

i.    Shall provide a centrally located, focal area for the Cottage Development.

ii.    Shall total a minimum of 500 square feet per cottage when all shared open space areas are combined.

iii.    Common parking areas are not counted in the shared open space area requirements.

b.    Private Open Space.

i.    Shall be a minimum of 300 square feet of private, contiguous, usable open space with no dimension less than 10 feet, for the exclusive use of the cottage resident.

9.    Landscaping.

a.    Shall be provided in accordance with Chapter 3.2 Landscaping.

10.    Pathways.

a.    Pathways shall be ADA compliant and a minimum five foot-wide paved pedestrian pathway (sidewalks).

11.    Public Improvements. Every cottage development shall improve the public right of way immediately adjacent to the cottage development.

E.    Cottage Development Submittal Requirements. The applicant shall submit an application containing all of the general information required for a Type III procedure, as governed by Chapter 4.1. In addition, the applicant shall submit the following:

1.    A detailed project description by the applicant. This statement should include a description of the character of the proposed development and how the proposal integrates itself into the existing community or existing master plan as appropriate;

2.    Burden of Proof documenting compliance with all applicable approval criteria;

3.    Complete application form with fee;

4.    Electronic copies of all materials submitted (acceptable file types to be determined by the Community Development Director or designee); and,

5.    Preliminary title report or equivalent printed within 90 days of the date of the application submittal.

6.    Existing Conditions Site Plan.

7.    Topographic Map at appropriate contour intervals to be determined by the Community Development Director.

8.    Access and Circulation Map.

9.    Site Plan – proposed.

10.    Landscape/Open Space Plan.

11.    Utility Plan.

12.    Conceptual Drainage Plan (to include benchmarks and elevations at staffs discretion).

13.    Elevations and floor plans of all proposed buildings.

14.    Tentative Plat.

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

16.    Special studies prepared by qualified professionals may be required by the Community Development Director, Planning Commission or City Council to determine potential traffic, geologic, noise, environmental, natural resource and other impacts, and required mitigation.

F.    Cottage Development Approval Criteria. The City shall make findings that all of the following criteria are satisfied when approving, or approving with conditions, the Cottage Development. The City shall make findings that at least one of the criteria is not satisfied when denying an application:

1.    Land Division Chapter. All of the requirements for land divisions, as applicable, shall be met (Chapter 4.3);

2.    Chapter 2 Land Use and Chapter 3 Design Standards. Land use and design standards contained in Chapter 2 and 3 are met, except as modified by Section 4.6.100.

3.    Property Development Standards. Land use and design standards contained in Section 4.6.100 are met.

4.    Architectural Features. The Cottage Development includes architectural features that complement and enhance positive characteristics of the site and surrounding area. Setbacks from streets shall be staggered or buildings otherwise provided with architectural features that assure variety and interest along the street.

5.    Compliance with Purpose of Cottage Development Chapter. The Cottage Development substantially meets the purpose of Section 4.6.100; and,

6.    Conformance with applicable Public Works, Building and Fire code standards.

G.    Approval Durations, Extensions and Amendments

1.    Cottage Development Approval Duration. The Cottage Development approved by the Planning Commission shall expire two (2) years from the date on which the decision is final, if no construction or significant infrastructure improvements of the planned unit development has been initiated.

2.    Extension. The City may, upon written request by the applicant and payment of the required fee, grant up to two (2) one-year extensions of the approval period. The first extension may be approved administratively. The second extension, if needed, shall be considered and may be granted by the original decision body at their discretion. Extensions may be considered if:

a.    No changes, unless modified as permitted in Chapter 4.1.700, have been made on the original Cottage Development as approved;

b.    There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based; and

c.    The extension is requested before expiration of the original approval.

H.    Modification to an Approved Cottage Development. All proposed cottages and accessory buildings that are not reviewed under the initial land use review during the establishment of the Cottage Development through a land use review process are subject to the following:

1.    The following minor modification examples may be approved administratively by the Community Development Director;

a.    An increase to the amount of open space or landscaping;

b.    Changes to dimensional standards identified in Chapter 4.6 as long as the minimum requirements are satisfied. Changes to dimensional standards approved as part of a land division shall be reviewed using Chapter 4.3 Land Divisions and Lot Line Adjustments.

c.    The location of buildings, proposed streets, parking and landscaping or other site improvements shall be as proposed, or as modified through conditions of approval. Changes in the location or alignment of these features by 25 feet or less or other changes of similar magnitude may be approved administratively. Changes to locations approved as part of a land division shall be reviewed using Chapter 4.3 Land Divisions and Lot Line Adjustments.

2.    Other modifications are major modifications. See Chapter 4.1.

3.    The Community Development Director or the applicant shall have the right to refer a proposed amendment directly to the Planning Commission for their determination of whether or not the amendment creates a substantial adverse impact to the approved Cottage Development. [Ord. 533 § 3 (Exh. Q), 2023; Ord. 486 § 2 (Exh. B), 2018; Ord. 478 § 1 (Exh. A), 2017].

The purpose of this Chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the Land Use District map. These amendments 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.

Legislative amendments are policy decisions made by City Council. They are reviewed using the Type IV procedure in Chapter 4.1, Section 600 and shall conform to Section 4.7.600, as applicable.

A.    Quasi-Judicial Amendments. Quasi-judicial amendments involve the application of adopted policy to a specific development application or Code revision. Quasi-judicial map amendments shall follow the Type III procedure as governed by Chapter 4.1.500, using standards of approval in Subsection “B” below. The approval authority shall be as follows:

1.    The Planning Commission shall review and recommend Land Use District map changes which do not involve comprehensive plan map amendments;

2.    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,

3.    The Planning Commission shall make a recommendation to the City Council on a land use district change application that also involves a comprehensive plan map amendment application. The City Council shall decide both applications.

B.    Criteria for Quasi-Judicial Amendments. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following criteria:

1.    Approval of the request is consistent with the Statewide Planning Goals;

2.    Approval of the request is consistent with the Comprehensive Plan;

3.    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. The applicant shall update the City of Sisters Master Plans for Water, Sewer, Parks and Transportation Systems subject to City Council approval, to reflect impacts of the rezoning on those facilities and long-range plans. The applicant must demonstrate that the property and affected area shall be served with adequate public facilities, services and transportation networks to support maximum anticipated levels and densities of use allowed by the District without adversely impacting current levels of service provided to existing users; or applicant’s proposal to provide concurrently with the development of the property such facilities, services and transportation networks needed to support maximum anticipated level and density of use allowed by the District without adversely impacting current levels of service provided to existing users; and,

4.    Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or land use district map regarding the property which is the subject of the application; and the provisions of Section 4.7.600, as is determined to be applicable by the city of Sisters.

A quasi-judicial decision may be for denial, approval, or approval with conditions. A legislative decision may be approved or denied.

The Community Development Department shall maintain a record of amendments to the text of this Code and the Land Use Districts map in a format convenient for public use.

A.    When a development application includes a proposed comprehensive plan amendment or land use district change, the proposal shall be reviewed by the City to determine whether it significantly affects a transportation facility, in accordance with Oregon Administrative Rule (OAR) 660-012-0060. Significant means the proposal would:

1.    Change the functional classification of an existing or planned transportation facility. This would occur, for example, when a proposal is projected to cause future traffic to exceed the capacity of “collector” street classification, requiring a change in the classification to an “arterial” street, as identified by the Transportation System Plan; or

2.    Change the standards implementing a functional classification system; or

3.    Allow types or levels of land use that would result in levels of travel or access what are inconsistent with the functional classification of a transportation facility; or

4.    The effect of the proposal would reduce the performance standards of a public utility or facility below the minimum acceptable level identified in the Transportation System Plan.

B.    Amendments to the Comprehensive Plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function, capacity, and level of service of the facility identified in the Transportation System Plan. This shall be accomplished by one of the following:

1.    Limiting allowed land uses to be consistent with the planned function of the transportation facility; or

2.    Amending the Transportation System Plan to ensure that existing, improved, or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule; or,

3.    Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation.

Some terms or phrases within this Code may have two or more reasonable meanings. This section provides a process for resolving differences in the interpretation of the Code text.

A.    Requests. A request for a code interpretation (“interpretation”) shall be made in writing to the Community Development Director or designee. The Community Development Director may develop written guidelines for the application process.

B.    Decision to Issue Interpretation. The Community Development Director or designee shall have the authority to review a request for an interpretation. The Community Development Director or designee shall advise the requester in writing within 14 days after the request is made, on whether or not the City will issue the requested interpretation.

C.    Declining Requests for Interpretations. The Community Development Department staff is authorized to issue or decline to issue a requested interpretation. Basis for declining may include, but is not limited to, a finding that the subject Code section affords only one reasonable interpretation and the interpretation does not support the request. The Community Development Department staff decision to issue or decline to issue an interpretation is final when the decision is mailed to the party requesting the interpretation and the decision is not subject to any further local appeal.

D.    Written Interpretation. If the Community Development Department staff decides to issue an interpretation, it shall be issued in writing and shall be mailed or delivered to the person requesting the interpretation and any other person who specifically requested a copy of the interpretation. The written interpretation shall be issued within 14 days after the City advises the requester that an interpretation shall be issued. The decision shall become effective 14 days later, unless an appeal is filed in accordance with E-G below.

E.    Appeals. The applicant and any party who received such notice or who participated in the proceedings through the submission of written or verbal evidence of an interpretation may appeal the interpretation to the City Council within 14 days after the interpretation was mailed or delivered to the applicant. The appeal may be initiated by filing a notice of appeal with the Community Development Department pursuant to Chapter 4.1.400.F.

F.    Appeal Procedure. City Council shall hear all appeals of a Community Development Department staff interpretation as a Type III action pursuant to Chapter 4.1.500, except that written notice of the hearing shall be provided to the applicant, any other party who has filed a notice of appeal, and any other person who requested notice.

G.    Final Decision/Effective Date. The decision of the City Council on an appeal of an interpretation shall be final and effective when it is mailed to the applicant. If an appeal of the City Council’s decision is filed, the decision remains effective unless or until it is modified by the Land Use Board of Appeals or a court of competent jurisdiction.

H.    Interpretations On File. The City shall keep on file a record of all code interpretations.

A.    Subject to the other provisions of this section, there shall be available for the City’s Comprehensive Plan and this code a process for:

1.    Interpreting a provision of the Sisters Comprehensive Plan or implementing ordinances (and other documents incorporated by reference) in which there is doubt or a dispute as to its meaning or application;

2.    Interpreting a provision or limitation of a development approval issued by the City in which there is doubt or a dispute as to its meaning or application;

3.    Determining whether an approval has been initiated or considering the revocation of a previously issued development approval;

4.    Determining whether a unit of land was lawfully created where there is doubt, a dispute, or, at the Community Development Director’s discretion, it cannot readily be determined;

5.    Determining the validity and scope of a non-conforming use; and

6.    Determination of other similar status situations under the Sisters Comprehensive Plan or implementing ordinances that do not constitute the approval or denial of an application for a permit.

Such a determination or interpretation shall be known as a “declaratory ruling” and shall be processed in accordance with this chapter. In all cases, as part of making a determination or interpretation, the applicable reviewing body shall have the authority to declare the rights and obligations of persons affected by the ruling.

B.    A declaratory ruling shall be available only in instances involving a fact-specific controversy and to resolve and determine the particular rights and obligations of particular parties to the controversy. Declaratory proceedings shall not be used to grant an advisory opinion on a specific quasi-judicial development application. Declaratory proceedings shall not be used as a substitute for seeking an amendment of general applicability to a legislative enactment.

C.    Declaratory rulings shall not be used as a substitute for an appeal of a decision or for a modification of an approval. In the case of a ruling on a City development approval, a declaratory ruling shall not be available until 60 days after a decision is final.

D.    The Community Development Director may refuse to accept, and the applicable reviewing body may elect to decline to decide, an application for a declaratory ruling if:

1.    The question presented can be decided in conjunction with the review of a pending application; or

2.    The requested determination should be made as part of a decision on a development application not yet filed; or

3.    There is a pending proceeding in another venue in which the same issue necessarily will be decided and the applicant is party to those proceedings.

The Community Development Director’s or Planning Commission’s determination to not accept or to deny an application under this section shall be the City’s final decision. [Ord. 533 § 3 (Exh. R), 2023; Ord. 486 § 2 (Exh. B), 2018].

A.    The following persons may initiate a declaratory ruling under this chapter:

1.    The owner of a property requesting a declaratory ruling relating to the use of the owner’s property;

2.    In cases where the request is to interpret a previously issued development approval, the holder of the approval; or

3.    In all cases arising under SDC 4.9.100, the Community Development Director.

No other person shall be entitled to initiate a declaratory ruling.

B.    A request for a declaratory ruling shall be initiated by filing an application with the Community Development Department and, except for applications initiated by the Community Development Director, shall be accompanied by such fees as have been set by the Community Development Department. Each application for a declaratory ruling shall include the precise question on which a ruling is sought. The application shall set forth whatever facts are relevant and necessary for making the determination and such other information as may be required by the Community Development Department. [Ord. 486 § 2 (Exh. B), 2018].

Unless the Community Development Director elects, at the Community Development Director’s discretion, to elevate the decision to the Planning Commission, the Community Development Director shall process the request administratively (Type II procedure) following public notice (which is required for a Type II or III procedure as applicable) and an opportunity for parties to comment. Any proceedings before the Planning Commission shall occur at a duly noticed public hearing (Type III procedure).

An application for a Declaratory Ruling shall plainly state the issue(s) presented, contain sufficient information for the applicable reviewing body to understand the nature and extent of the issue(s) presented, contain copies of any applicable decisions, development code provisions, or excerpts from the Comprehensive Plan, and should include a narrative explaining the applicant’s position on the issue(s) presented and supporting rationale, evidence, and authority. [Ord. 486 § 2 (Exh. B), 2018].

A.    A declaratory ruling shall be conclusive on the subject of the ruling and bind the parties thereto as to the determination made.

B.    Section SDC 4.1.700.I notwithstanding, and except as specifically allowed therein, parties to a declaratory ruling shall not be entitled to reapply for a declaratory ruling on the same question. [Ord. 486 § 2 (Exh. B), 2018].