The Dalles City Zoning Code
CHAPTER 10
3 APPLICATION REVIEW PROCEDURES
§ 10.3.010.010 Purpose.
This Article describes the review procedures required to make final decisions regarding applications for ministerial actions, administrative actions, and legislative actions, and to provide for appeals from aggrieved persons or parties.
(Ord. 23-1400)
§ 10.3.010.020 Coordination of Applications and Procedures.
A.
Staff Coordination. The Director shall be responsible for coordinating applications and the decision-making procedures required by this Title.
B.
Consolidation. The applicant shall be provided with the opportunity to apply for all permits necessary for a development project at one time, in accordance with ORS 227.175(2) , "consolidated procedure." The consolidated application shall be processed under the most stringent procedure required for any part of the development proposal. The consolidated application will be subject to the time limitations specified in this Article.
C.
Permits. No permit for a proposed use shall be issued until a final decision has been made approving or conditionally approving a completed application. The issuance of a permit shall conform with the regulations of this Title and any conditions of approval.
§ 10.3.010.030 Pre-Application Conference.
Applicants for administrative, quasi-judicial, or legislative actions shall be required to participate in a preapplication conference with the Director prior to submitting an application. The purpose of the conference is to:
A.
Review for Consistency. Ensure that the application is consistent with the substantive and procedural requirements of this Title and the applicable elements of The Comprehensive Plan.
B.
Exchange Information. Provide for an exchange of information regarding all procedural matters relevant to the processing of the respective application and to identify policies and regulations that create opportunities or pose significant constraints for the proposed development.
C.
Describe Applicant's Responsibilities. Provide a description of applicant's responsibilities and the type and level of information which will be required from the applicant to enable the reviewing authority to act on the request.
(Ord. 23-1400)
§ 10.3.010.035 Pre-Application Requirements.
Applicants participating in the pre-application process (referred to as site team review) shall provide all information required in the code for the type of land use review sought. One electronic copy of the application and site plan are required.
(Ord. 23-1400)
§ 10.3.010.040 Applications.
Application for ministerial, administrative, and legislative actions shall be made on forms provided by the Director, comply with all applicable sections of this Title, and, where applicable, meet the following criteria:
A.
Acceptance. All applications shall be accepted by the Department during normal working hours, and date stamped on the day received in the Department office.
B.
Completeness. An application shall be considered complete when it contains the information required by this Title, addresses the appropriate criteria for review and approval of the request, and is accompanied by the required fee, unless waived by the City Council per Section 10.1.120: Fees. Complete applications shall be signed and dated by the Director.
C.
Commission or Council Initiated Actions. The Council or Commission may initiate a ministerial, planning, or legislative action by a duly adopted motion which designates the appropriate City department to complete and file the application. The City Manager may waive application fees for City projects on City-owned property or in the public right-of-way without resolution or other approval of the City Council.
D.
Resubmittal of Applications. Applications which are denied, or denied on appeal, shall not be eligible for resubmittal for 1 year of date of denial, unless evidence is submitted which, in the opinion of the Director, demonstrates that conditions, the application, or the project design have changed to the extent that further consideration is warranted.
E.
Applications for Planning Actions. A planning action may be initiated by the Director, the Commission, the Council, or at the request of the applicant. Two copies of a complete application shall be submitted to the Department in order to initiate a planning action.
1.
Complete applications shall include:
a.
The name and address of the applicant(s) and recorded land owner(s).
b.
The County Assessor's property description—Township, range, section, and tax lot(s).
c.
All of the information required by this Title for the specific action requested.
d.
An application form completely filled out and signed by one or more of the property owners for which the action is being requested.
2.
The Director shall review each application for completeness, notify the applicant of exactly what information is missing within 30 days of receipt of application, and allow the applicant to submit the missing information. The application shall be considered complete for processing when the Director receives the missing information. If the applicant refuses to submit the missing information, the application shall be deemed complete on the 31st day after the application was first received, in accordance with ORS 227.178(2) , "Final action on certain applications required within 120 days."
3.
Once an application has been accepted as complete, any revisions to the application proposed by the applicant shall be regarded as a new application, restarting the procedure in paragraph 2 above. New applications which result from revisions or modifications to applications previously considered complete may require additional filing fees per the provisions of Section 10.1.120: Fees.
F.
Applications for Legislative Actions. A legislative action may be initiated by the Director, the Historic Landmarks Commission, the Planning Commission, the Council, or at the request of an applicant or resident of the City.
1.
Complete applications shall include:
a.
The name and address of the applicant(s), and, if applicable, the name and address of recorded land owner(s).
b.
Where applicable, the County Tax Assessors property description—Township, range, section, tax lot(s).
c.
A brief description of any applicable Comprehensive Plan policies, Statewide Planning Goals, Oregon Administrative Rules and Oregon Revised Statutes.
d.
Other information as specifically required by this Title.
e.
Signature of applicant(s), and where applicable, signature of recorded land owner(s) or their authorized agent.
2.
The provisions concerning application completeness in paragraphs (E)(2) and (E)(3) of this section shall apply.
G.
Plans by Professionals Required. Unless waived by the Director, applications for nonresidential structures shall include a site plan drawn by an architect, surveyor, engineer, or other professional person licensed by the State of Oregon to prepare plans.
(Ord. 23-1400)
§ 10.3.020.010 Purpose.
A.
This Article describes the review procedures required to make final decisions regarding applications for ministerial actions, planning actions, and legislative actions, and to provide for appeals from aggrieved persons or parties.
B.
The City of The Dalles does not have a State Building Code review function. This aspect of permitting is performed by the State of Oregon. However, the City of The Dalles requires City building/use permits for all new construction, exterior structural modifications to existing structures, demolitions, and changes of use.
C.
A City supplemental building permit is valid for a period of 6 months, or so long as there is a valid and active state (BCA) building permit issued for the same work. If the state (BCA) building permit expires, so does the City supplemental permit. Once expired, the City supplemental permit cannot be renewed. A new permit must be obtained under the development rules at the time of the submittal of the new application.
§ 10.3.020.020 Procedure Types.
A.
Ministerial Actions. The Director shall have the authority to review and approve or deny ministerial actions. Ministerial actions are not land use decisions or limited land use decisions as defined by ORS 197.015(12), (10) , "Definitions for ORS chapters 195, 196 and 197." Ministerial actions do not require public notice, public hearing, or decision notice. Ministerial actions are final decisions at the local level.
B.
Planning Actions. Administrative actions and quasi-judicial actions are both planning actions. Planning actions may be appealed per the provisions of Section 10.3.020.080: Appeal Procedures.
1.
Administrative Actions. The Director shall have the authority to review and approve, approve with conditions, or deny applications subject to processing as administrative actions. Decisions on administrative actions shall be based on the applicable clear and objective standards contained in this Title. The Director shall provide notice of application to adjacent and nearby landowners, provide for the opportunity for written comment prior to final decision, and provide decision notice to applicant and all parties of record per the provisions of Section 10.3.020.040: Administrative Actions, and in accordance with ORS 197.195, "Limited land use decisions; procedures."
2.
Quasi-Judicial Actions. The Commission and Council shall each have the authority to review and approve, approve with conditions, or deny applications subject to processing as quasi-judicial planning actions. All quasi-judicial actions shall be reviewed through the public hearing process described in Section 10.3.020.070: Public Hearings, and in accordance with ORS 197.763, "Conduct of local quasi-judicial land use hearings; notice requirements; hearing procedures."
C.
Legislative Actions. Legislative actions are typically those which involve the implementation of land use policy, and include, but are not limited to, the decision types specified in Section 10.3.020.060: Legislative Actions. The Planning Commission, and where appropriate, the Historic Landmarks Commission, shall review all requests processed as legislative actions and make a recommendation to Council to approve, approve with conditions, or deny the request. The Council shall make a final decision per the provisions of Section 10.3.020.060: Legislative Actions. Legislative actions may be appealed to the State Land Use Board of Appeals, subject to ORS 197.830, "Review procedures; standing; deadlines; issues subject to review; attorney fees and costs; publication of orders; mediation."
D.
Expiration and Extension.
1.
Expiration. Except for City building permits, which are discussed in Section 10.3.020.010, development must begin within one year of the notice of decision for the land use permit to remain valid, unless specific provisions for a different time period are provided for in other code sections. If development has not begun within the time period, expiration is automatic and no notice is required.
2.
Extension. The Director may grant an extension for up to one year upon receipt of a request in writing. The request must be received in the Community Development Department one week prior to the expiration date. The provisions of LUDO Section 10.3.030.070(B) shall apply to all requests for extensions.
§ 10.3.020.030 Ministerial Actions.
A.
Option to Process as Administrative Action. At the discretion of the Director, a ministerial action may be processed as an administrative, per the provisions of Section 10.3.020.040: Administrative Actions.
B.
Decision Types. Ministerial actions include, but are not limited to, the following:
1.
Land uses permitted outright in any zone district, except those land uses which require in depth review, including, but not limited to, site plan review.
3.
Review of environmental and hazard maps.
4.
Lot Line Adjustments (Section 10.9.030.070).
5.
Minor amendments to subdivisions and partitions.
6.
Final subdivision approval (Section 10.9.040.060).
7.
Final partition approval (Section 10.9.030.050).
9.
Proposed Change of Use (Section 10.6.150.020).
10.
Title 10 Review of Building Permit Application.
C.
Time Limits. The Director shall approve or deny an application for a ministerial action within 21 days of the application being deemed complete unless the time limit is extended with the consent of the applicant.
D.
Final Decision. The approval or denial of a ministerial action shall be the City's final decision.
(Ord. 19-1373; Ord. 23-1400)
§ 10.3.020.040 Administrative Actions.
A.
Option to Process as Quasi-Judicial Action. At the discretion of the Director, or at the request the Commission, the applicant, or party(ies) of record who address legitimate criteria, an administrative action may be processed as a quasi-judicial action, per the provisions of Section 10.3.020.050: Quasi-Judicial Actions.
B.
Decision Types. Administrative actions include, but are not limited to, the following:
7.
Extensions of time limits for approved planning actions.
C.
Notice of Application.
1.
Within 10 days after receipt of a complete application for administrative action, notice of the request shall be mailed to:
2.
The notice provided by the Department shall:
a.
Explain the nature of the application and the proposed use or uses which could be authorized.
b.
Set forth the street address or other easily understood geographical reference to the subject property.
c.
Provide a 14-day comment period, from the day notice mailed, for submission of written comments prior to the decision.
d.
State that failure to raise an issue in writing within the comment period, or failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue, precludes appeal to the Commission on that issue.
e.
List by commonly used citation the applicable criteria for the decision.
f.
State the place, date, and time that comments are due.
g.
State that a copy of the application, all documents and evidence submitted by the applicant, and all applicable criteria are available for inspection at no cost and will be provided at a reasonable cost.
h.
Include the name and telephone number of the Director to contact for additional information.
3.
The failure of a property owner to receive notice as provided in this Article shall not invalidate such proceedings if the Department can show that such notice was given.
D.
Staff Report. Administrative decisions shall be signed by the Director, and based upon and accompanied by a staff report that includes:
E.
Final Decision. The approval, approval with conditions, or denial of an administrative action shall be the City's final decision.
G.
Effective Date of Decision. A final decision on administrative actions is effective on the date notice of the decision is mailed to the applicant and parties of record.
H.
Appeal. Administrative actions may be appealed to the Commission, per the provisions of Section 10.3.020.080: Appeal Procedures, within 10 days of the effective date of decision. A Commission decision on appeal may be further appealed to the Council per the provisions of Section 10.3.020.080: Appeal Procedures, within 10 days of the effective date of the Commission's appeal decision.
(Ord. 19-1373; Ord. 23-1400)
§ 10.3.020.050 Quasi-Judicial Actions.
A.
Decision Types. Quasi-judicial actions include, but are not limited to, the following:
8.
Any public hearing of an administrative action at the request of the Commission, the Director, or the applicant, or parties of record raising legitimate criteria.
B.
Staff Report. The Director shall prepare and sign a staff report for each quasi-judicial action which identifies the criteria and standards applying to the application and summarizes the basic findings of fact. The staff report may also include a recommendation for approval, approval with conditions, or denial.
C.
Public Hearings.
1.
Hearings on applications for quasi-judicial actions shall be conducted per the procedures in Section 10.3.020.070: Public Hearings.
2.
Unless otherwise ordered by the hearings body, the Director shall take complete applications for quasi-judicial actions in the order in which they are filed.
3.
The hearings body shall hold at least one public hearing on a complete application.
4.
The burden of proof is placed on the applicant seeking a planning action.
5.
The applicant's attendance is required at the prescribed public hearing for the action, unless otherwise authorized by the hearings body.
6.
Prior to the public hearing the applicant is recommended, but not required, to conduct an outreach meeting with nearby residents and others who may be affected by the development.
D.
Notice of Hearing. At least 10 days before a scheduled quasi-judicial public hearing, notice of the hearing shall be mailed to:
1.
The applicant and owners of property within 300 feet of the subject property. The list shall be compiled from the most recent property tax assessment roll.
2.
Any affected governmental agency, department, or public district whose boundaries include the subject property.
3.
Any neighborhood or community organization recognized by the Department and whose boundaries include the subject property.
4.
The notice provided by the Department shall:
a.
Explain the nature of the application and the proposed use or uses which could be authorized.
b.
Set forth the street address or other easily understood geographical reference to the subject property.
c.
State that failure to raise an issue in writing within the comment period, or failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue, precludes appeal to LUBA on that issue.
d.
List by commonly used citation the applicable criteria for the decision.
e.
State the place, date, and time of the hearing.
f.
State that a copy of the application, all documents and evidence submitted by the applicant, and all applicable criteria are available for inspection at no cost and will be provided at a reasonable cost.
g.
State that a copy of the staff report will be available for inspection at no cost and will be provided at a reasonable cost at least 7 days prior to the hearing.
h.
Include the name and telephone number of the Director to contact for additional information.
i.
Include a general explanation of the requirements for submission of testimony and the procedure for conduct of hearings.
5.
The failure of a property owner to receive notice as provided in this Article shall not invalidate such proceedings if the Department can show that such notice was given.
E.
Decision on Quasi-Judicial Actions. The decision of the hearings body shall be adopted by resolution, signed by the presiding officer, and based upon and accompanied by a brief statement that includes:
F.
Final Decision. The approval, approval with conditions, or denial of a quasi-judicial action shall be the City's final decision.
G.
Notice of Decision. Decision notice shall be mailed to the applicant and all participating parties within 5 working days of the date of the signed resolution. The decision notice shall include the following:
H.
Effective Date of Decision. A final decision on quasi-judicial actions is effective on the date notice of the decision is mailed to the applicant and parties of record.
I.
Appeal.
1.
Commission decisions on quasi-judicial actions may be appealed to the Council, per the provisions of Section 10.3.020.080: Appeal Procedures, within 10 days of the date notice of decision is mailed to the applicant and all participating parties.
2.
Council decisions on quasi-judicial actions may be appealed to LUBA subject to ORS 197.830, "Review procedures; standing; deadlines; issues subject to review; attorney fees and costs; publication of orders; mediation," within 21 days of the date notice of decision is mailed to the applicant and all participating parties.
(Ord. 19-1373; Ord. 23-1400; Ord. 24-1405)
§ 10.3.020.060 Legislative Actions.
B.
Public Hearings.
1.
The Commission shall hold at least one legislative public hearing to review applications for legislative actions and, by duly adopted resolution, make a recommendation to the Council to approve, approve with conditions, or deny the request.
2.
The Council shall hold a legislative hearing on applications for legislative actions within 30 days of the date of the Planning Commission or, where appropriate, the Historic Landmarks Commission resolution recommending approval, conditional approval, or denial of the request.
3.
Legislative hearings shall be conducted per the procedures of Section 10.3.020.070: Public Hearings.
4.
Unless otherwise ordered by the Commission or Council, the Director shall take completed applications for legislative actions in the order in which they are filed.
5.
The burden of proof is placed on the applicant seeking a legislative action.
6.
The applicant's attendance is required at the prescribed public hearing for the action, unless otherwise authorized by the hearings body.
C.
Notice of Hearing. At least 10 days before the legislative hearings of the Historic Landmarks Commission, the Planning Commission, or the Council, notice of the hearing shall be published in a newspaper of general circulation. Such notice shall:
1.
Explain the application and the proposed amendment(s), change(s), or use(s) which could be authorized.
2.
List the applicable ordinance standards and/or criteria, Comprehensive Plan policies, Oregon Planning Goals and Guidelines, Oregon Administrative Rules, and Oregon Revised Statutes that apply to the particular application.
3.
Set forth the geographical reference to the subject area.
4.
State that in order to preserve any potential appeal rights to LUBA, persons must participate either orally or in writing in the legislative action proceeding in question.
5.
Include the name and telephone number of the Director to contact for additional information.
D.
Decision on Legislative Actions. The Council's decision shall be an ordinance adopted by majority vote, signed by the Mayor, and based upon and accompanied by a brief statement that includes:
1.
An explanation of the criteria, standards, policies, and laws considered relevant to the decision.
2.
A statement of basic facts relied upon in rendering the decision.
3.
Ultimate facts which explain and justify the reason for the decision based on the criteria, standards, policies, laws, and basic facts set forth.
E.
Final Decision. The Council's decision on legislative actions shall be the City's final decision.
F.
Notice of Decision. Decision notice shall be mailed to all participating parties within 5 working days of the date of the ordinance is adopted by the Council and signed by the Mayor. The decision notice shall include the following:
G.
Effective Date of Decision. A final decision on legislative actions shall be effective 30 days after the day the ordinance is adopted by the Council and signed by the Mayor, unless the decision is adopted as an emergency ordinance, in which case the decision may take effect as soon as adopted.
H.
Appeal. Decisions on legislative actions may be appealed to the Land Use Board of Appeals, subject to ORS 197.830, "Review procedures; standing; deadlines; issues subject to review; attorney fees and costs; publication of orders; mediation," within 21 days of the date notice of decision is mailed to participating parties.
§ 10.3.020.070 Public Hearings.
A.
Quasi-Judicial Hearing Procedure. All quasi-judicial hearings will be held in accordance with Oregon public meeting laws as described in ORS 192.610-192.710, "Public Meetings."
1.
Opening Statement. At the commencement of a quasi-judicial hearing a statement shall be made to those in attendance that:
a.
Lists the applicable substantive criteria.
b.
States that evidence and testimony must be directed toward the listed applicable substantive criteria, or other criteria in the Comprehensive Plan or this Title which the person believes to apply to the decision.
c.
States that failure to raise an issue accompanied by statements or evidence sufficient to afford the decision maker and the parties an opportunity to respond to the issue, precludes appeal to LUBA based on that issue.
d.
States that failure to participate in the public hearing, either orally or in writing, precludes appeal to LUBA.
e.
Includes other general rules of conduct for the public hearing as deemed necessary by the hearings body.
2.
Ex-parte, Conflict of Interest, and Bias.
a.
After the opening statement required by paragraph (A)(1) of this section has been read, members of the hearings body shall declare any actual or potential conflicts of interest, any ex parte contacts, including the substance of those contacts and any conclusions the member reached because of those contacts, and any bias.
b.
No member shall serve on any proceeding in which such member has an actual conflict of interest; in which the member, or those persons or businesses described in ORS 244.135, "Method of handling conflicts by planning commission members," has a direct or substantial financial interest; or in which the member has a bias.
c.
If the member refuses to disqualify him or herself for conflict of interest, ex parte contact, or bias, the hearings body shall have the power to remove such member, by majority vote of those present, for that proceeding.
d.
The public may challenge any member of the hearings body on conflict of interest, ex parte contact, or bias for any public hearing. The challenge must be supported by evidence and made before the hearing begins. All parties shall be advised that they have the right to rebut such challenges.
3.
Staff Report. A staff report shall be presented which identifies the criteria and standards applying to the application and summarizes the basic findings of fact. The staff report may also include a recommendation for approval, approval with conditions, or denial.
4.
Testimony and Evidence.
a.
All testimony and evidence must be based on the criteria contained in this Title or the Comprehensive Plan which the person believes applies to the final decision.
b.
The failure to raise an issue precludes appeal to LUBA on that issue.
c.
Oral and written testimony shall be taken first from the applicant, then from proponents of the action, followed by testimony from opponents, and finally from other interested parties. Proponents will then have an opportunity for rebuttal.
d.
Members of the hearings body may ask questions of staff, proponents, opponents, and other interested parties at any time.
e.
Each person's testimony may be limited to 5 minutes or less.
f.
Signed written comments may be submitted prior to the hearing by mail or personal delivery. Faxes and emails will only be accepted if sent to the location specified by the Community Development Department. All comments must include the name and address of the person making the comment. Comments will not be accepted if either the name or the address is missing. Comments for a quasi-judicial hearing which are longer than one side of one page shall be accepted only by mail or in person and only if 12 copies are presented for a Planning Commission hearing and 10 copies for a hearing before the City Council. Comments must be at least equal in size to 10-point type. Comments received at least 5 working days prior to the hearing shall be distributed to the hearing body prior to the hearing. Comments received by 5:00 p.m. on the day of the hearing shall be presented to the hearing body at the time of the hearing. Written and verbal comments may also be presented in person at the hearing.
5.
Continuance. Prior to the conclusion of the public hearing, any participant may request an opportunity to present additional evidence or testimony regarding the application. The Commission shall grant such request by continuing the public hearing or leaving the record open for additional evidence or testimony in accordance with the provisions of ORS 197.763 "Conduct of local quasi-judicial land use hearings; notice requirements; hearing procedures."
6.
Final Decision. The hearing body's final decision shall be based on adequate findings of fact presented during the hearing. A majority of those members present must vote affirmatively on a motion for a decision in order to adopt findings. If a finding is challenged by a Commissioner, a vote may be taken on the finding singly, apart from the motion.
B.
Legislative Hearing Procedure. The Historic Landmarks Commission, Planning Commission, and Council each have the authority to hold legislative hearings. All legislative hearings will be held in accordance with Oregon public meeting laws as described in ORS 192.610-192.710, "Public Meetings."
1.
Conflict of Interest. At the start of each public hearing on legislative actions, the presiding officer shall ask if any member of the hearings body wishes to make any disclosure, or abstain from participating or voting on the matter being heard because of possible financial gain resulting from the legislative action.
§ 10.3.020.080 Appeal Procedures.
The following procedures apply to the appeals of final decisions on administrative planning actions made by the Director, and final decisions on quasi-judicial planning actions made by either the Historic Landmarks Commission or the Planning Commission. Final decisions on legislative actions, final decisions on quasijudicial planning actions made by the Council, and appeal decisions made by the Council may all be appealed to the State Land Use Board of Appeals (LUBA), subject to ORS 197.830, "Review procedures; standing; deadlines; issues subject to review; attorney fees and costs; publication of orders; mediation."
A.
De Novo. Appeals shall be a de novo evidentiary hearing. A De Novo hearing allows for the introduction of additional evidence on issues raised at a lower level and included in the notice of appeal, and for arguments or testimony based on those issues. It does not allow for new issues to be raised, nor does it allow for evidence, arguments or testimony to be presented on issues not raised in the appeal notice.
B.
Right to Appeal Decisions. The following may file an appeal to decisions resulting from planning actions described in this section:
1.
Any party of record to the particular action.
2.
A person entitled to notice and to whom no notice was mailed. A person to whom notice is mailed is deemed notified even if notice is not received.
3.
The Historic Landmarks Commission, the Planning Commission, or the Council by majority vote. No fee is required for an appeal under this section.
4.
The City Manager. No fee is required for an appeal under this section.
C.
Filing Appeals.
1.
To file an appeal, an appellant must file a completed notice of appeal on a form prescribed by the Department. The standard appeal fee shall be required as part of the notice of appeal.
2.
The notice of appeal and appeal fee must be received at the Community Development Department office no later than 5:00 p.m. on the 10th day following the date of the mailing of the notice of decision. (See Section 10.1.110: Computation of Time for an explanation of how days are counted).
3.
Notices of appeal shall not be received by facsimile machines.
D.
Notice of Appeal. Every notice of appeal shall include:
1.
Appellant's name and address, and a statement describing how the appellant qualifies as a party.
2.
The date and a brief description of the decision being appealed.
3.
The specific grounds why the decision should be reversed or modified, based on the applicable criteria or procedural error.
4.
The standard appeal fee.
E.
Jurisdictional Defects.
1.
Any notice of appeal which is filed after the deadline set forth in paragraph (C)(2) of this section, or which is not accompanied by the required fee set forth in paragraph (D)(4) of this section, shall not be accepted for filing.
2.
The failure to comply with any other provision of subsection C or D of this section shall constitute a jurisdictional defect. A jurisdictional defect means the appeal is invalid and no appeal hearing will be held. Determination of a jurisdictional defect shall be made by the Director, with the advice of the City Attorney, after the expiration of the 10-day appeal period described in paragraph (C)(2) of this section. The Director's determination may be subject to appeal to the State Land Use Board of Appeals (LUBA).
F.
Consolidation of Appeals.
1.
If more than one party files a notice of appeal on a planning action decision, the appeals shall be consolidated, and noticed and heard as one proceeding.
2.
To the extent the Department's anticipated costs are more than covered by multiple appeals fees received when multiple appeals are filed, the Director may authorize a refund of a portion of the appeal fees to the appellants in an equitable manner.
G.
Notification of Appeal Hearing. The notice of appeal, together with notice of the date, time, and place of the appeal hearing shall be mailed to all parties at least 14 days prior to the hearing.
H.
Decision of Appeal.
1.
The Commission or Council may affirm, reverse, or modify the planning action decision being appealed, including approving, approving with conditions, or denying a particular application.
2.
The Commission or Council shall make findings and conclusions, and make a decision based on the hearing record.
3.
A notice of appeal decision shall be sent to all parties participating in the appeal.
I.
Refund of Appeal Fee. An applicant can request a refund of an appeal fee by letter submitted to the Community Development Department within 10 days after the appeal is determined. The letter shall state in detail the reason for the requested refund. Staff shall prepare a report and send the letter and report to the City Manager. The City Manager may consider the letter, the staff report, and any other factors in making a recommendation. The City Manager's recommendation shall be submitted for action on the City Council's consent agenda. No public hearing is required. Final action on the request shall be taken by the City Council.
§ 10.3.020.090 Expedited Permit Review for Qualifying Affordable Housing.
§ 10.3.030.010 Purpose.
The purpose of the site plan review is to enable the approving authority to review development proposals for compliance with City ordinances, local standards, conformance with the Comprehensive Plan and compatibility with surrounding development, and to add any conditions of approval necessary to ensure such compliance, conformance and compatibility.
§ 10.3.030.020 Review Procedures.
A.
Process. Detailed site plan, construction/design and landscape plans, where required, are a necessary condition of approval and must be received and approved by the Director and the City Engineer before a building permit will be signed.
B.
Applications. In addition to the requirements of Article 3.010: Application Procedures, site plan review applications shall be accompanied by one electronic copy of plans consistent with Article 6.180. The City, at its discretion, may require the application include a paper copy of one or more of the plans described in Article 6.180: Required Plans.
C.
Review. Site plan review shall be processed as an administrative action per the provisions of Section 10.3.020.040: Administrative Actions, and approved, approved with conditions, or denied by the approving authority.
D.
Public Works Requirements. City Engineer approval of construction/design plans shall always be a condition of site plan approval when public infrastructure, improvements, or rights-of-way are located either within or on the border of a proposed development site. A requirement of approval shall include a completed wastewater survey questionnaire.
E.
Detailed Landscape Plans. Approval by the approving authority of detailed landscape plans will always be a condition of plan approval when landscaping is required by this Title for a development proposal.
F.
Site Plan and Detailed Landscape Plan Amendments. Approved site plans and detailed landscape plans shall be amended through the same procedures as in the initial approval. However, minor alterations or modifications to a previously approved site plan may be approved by the approving authority if, in the approving authority's opinion, the proposed modifications or alterations do not represent deviations of a substantial nature.
G.
Detailed Construction/Design Plan Amendments. Approved detailed construction/design plans shall be amended through the same procedures as in the initial approval. However, minor alterations or modifications to previously approved detailed construction/design plans may be approved by the City Engineer if, in the Engineer's opinion, the proposed modifications or alterations do not represent deviations of a substantial nature.
H.
Traffic System Impacts. For developments that are likely to generate more than 400 average daily motor vehicle trips (ADTs), the applicant shall provide a traffic impact study pursuant to the requirements of Section 10.10.060 to demonstrate the level of impact of the proposed development on the surrounding street system. The determination of impact or effect, and the scope of the impact study, shall be coordinated with the provider of the affected transportation facility. The developer shall be required to mitigate impacts attributable to the project.
I.
Building Permit Applications. After an application for a planned development, subdivision, or partition has been submitted, no building permit will be issued for that property until all required construction drawings, including roadway improvements and utility installations have been approved by the City; provided that the Planning Director and City Engineer may grant an exception to this requirement when issuance of a building permit will not jeopardize or significantly interfere with the City's ability to ensure the property receives all necessary public improvements.
K.
Emergency Management and Response Plan. For all projects proposed that are equal to or larger than 20,000 square feet; or for High Hazard Group H or Factory Group F occupancies of any size or Assembly Group A occupancies with a capacity of over 299 people as defined by Chapter 3 of the Oregon Structural Specialty Code at the time of the development, or for any energy development projects, the applicant shall provide an emergency management and response plan for consideration by the fire authority having jurisdiction. The plan shall address the major concerns associated with the terrain, dry conditions, water supply and limited access. The plan shall verify that the fire department or district has appropriate equipment, training and personnel to respond to fires, EMS, hazmat, rescue and other associated emergency incidents. If the fire department or district does not have adequate capability to provide for rescue, incident stabilization and/or property conservation, the applicant shall provide a plan for providing such in case of an emergency. Approval by the fire authority having jurisdiction of the emergency management and response plan shall be secured prior to a determination of application completeness.
(Ord. 20-1381; Ord. 23-1400)
§ 10.3.030.040 Review Criteria.
The following criteria shall be used to approve, approve with conditions, or deny the site plan:
A.
City Ordinance Provisions. All the provisions from the applicable City ordinances have been met or will be met by the proposed development.
B.
Public Facilities Capacity. Adequate capacity of City facilities for water, sanitary sewer, storm sewer, and streets and sidewalks can and will be provided to, and where applicable, through the subject property in order to: (1) meet connectivity standards per the Transportation System Plan and other adopted plans and engineering standards of the City of The Dalles; and (2) provide for future development of surrounding property.
C.
Arrangement of Site Elements. Elements of the site plan are arranged to:
1.
Promote pedestrian, bicycle, and vehicular safety and welfare. For housing developments this standard is met through compliance with the applicable zone standards and the requirements of this Article, as applicable.
2.
Preserve and maintain public amenities and significant natural features. For housing developments this standard is met through compliance with the applicable zone standards and the requirements of this Article, as applicable.
3.
Avoid traffic congestion. For housing developments this standard is met through compliance with subsection B, above.
4.
Minimize potential adverse impacts on surrounding properties. For housing developments this standard is met through compliance with the applicable zone standards and the requirements of this Article, as applicable.
D.
Design Standards—All Development.
1.
Scale. Buildings with walls greater than 80 feet in length shall include street façades that are varied and articulated at regular 20-, 30-, 40- or 50-foot intervals along the façade to provide the appearance of smaller buildings. Articulation shall be achieved through the use of offsets, jogs, variation of finishes, projections, windows, bays, porches, traditional storefront elements, entries or other similar distinctive changes.
2.
Parking Location. With exception of driveway parking, parking areas and parking lots shall not be located in the front yard setback.
3.
Fences/Walls. Fences and walls in front yards and corner side yards, individually or in combination, shall be no more than 4 feet in height. A fence and wall are considered combined when located less than 5 feet apart at grade.
4.
Parking Lot Landscaping. Where more than 4 contiguous surface parking spaces are provided, the requirements of Section 10.7.030.040(B): Landscaping and Screening Along a Public Right-of-Way shall apply.
5.
Pedestrian/Bicycle Circulation. All primary building entrances in a development shall be connected to the public right-of-way, on-site parking, and open space areas, if any, by a network of paved walkways or sidewalks of not less than 5 feet in width.
6.
Building Orientation. Except where a building cannot orient to a street because it is accessed from a private drive or is part of a multi-building complex and does not have street frontage, new buildings shall have their primary orientation to the street utilizing features such as front porches, windows, doorways, walkways, and traditional storefront elements.
7.
Front Porches. The minimum front setback for covered front porches is 5 feet less than the standard front setback for the zone. For purposes of this standard, a covered front porch must connect to the primary building entrance.
8.
Trim and Details. Trim shall be used around the windows, doors, frieze, and corners of buildings. Details shall be used around the porch, fascia board, and window and door tops.
E.
Design Standards—Residential. In addition to the design standards for all development, the following standards shall apply to the different types of residential development:
1.
Town houses (3-5 or 3-8 attached units) may be required to combine roof lines and front porches, rather than having separate roof pitches and front porches for each unit, in order to be more in character with the surrounding existing neighborhood.
2.
Multifamily dwellings (3 or more units) shall:
a.
Have variation in roof plane and elevation. This standard is met by providing one of the following details:
i.
Eaves on all sides of the building;
ii.
An overhang or projecting roof form, for example, over a front porch;
iii.
An offset along the ridge of the highest roof form that is at least 1 foot in height; or
iv.
At least one secondary roof form in addition to the primary or largest roof elevation, such as a cross-gable, dormer, or similar roof form as shown in Figure 1 below.
v.
For 3 and 4 dwellings exceeding 25 feet in height, eave or parapet at 25 feet and pitched roof for remainder of height.
 |
b.
Have stairways to upper floors which are illuminated to a minimum of 1 foot candle (11 lux) and protected by a canopy or enclosure from wind, rain, sun, and snow.
c.
Locate any garages or carports at least 10 feet behind the front building line.
d.
Provide individual covered dwelling unit entrances, such as covered front porches, portico or similar architectural detail.
e.
Have articulation such that no individual wall plane that is more than 500 square feet in area; wall planes must be broken up by changes in plane of not less than 1 foot.
f.
Have a horizontal line that breaks up the vertical mass of the building; this standard is met by providing a belt course, bellyband, change in materials or color, or similar detail that extends the width of all exterior walls.
g.
Where multifamily use is combined with a nonresidential use (mixed-use), the site plan review standards of this section (multifamily dwelling design) shall apply. Additionally, as applicable, nonresidential ground floors shall have a weather protection canopy or awning, corner entrance (entrance is within 20 feet of corner, for corner buildings), and ground floor detailing as shown in Figure 2 – Mixed Use.
Multifamily Examples  Figure 1 Mixed-Use (Residential Above Commercial) Example |
 Figure 2 |
F.
Lighting. Proposed lighting shall not directly illuminate adjoining properties.
G.
City Engineer Approval. Detailed construction/design plans for public infrastructure, improvements, or rights-of-way affected by or located within a proposed development site shall be approved by the City Engineer prior to granting a building permit as a condition of site plan review approval.
H.
Waiver of Remonstrance. Where applicable, the applicant shall agree to waive any future rights to remonstrate against future public improvements, per the provision of Article 6.110: Waiver of Right to Remonstrate.
I.
Deferring Approval. For all land use actions, when another public entity has primary subject matter jurisdiction, the City may defer development approval for those subjects to the entity with the jurisdiction.
(Ord. 19-1373; Ord. 21-1384)
§ 10.3.030.050 Performance Guarantee.
Where the applicant wishes to delay making required public improvements for a specified time period agreed to by the approving authority, the applicant shall file an agreement to ensure full and faithful performance on making those required public improvements, including a private street per the provisions of Section 10.9.040.060(I): Performance Guarantee of this Title.
(Ord. 23-1400)
§ 10.3.030.060 Approval.
The approved site plan, with any conditions, shall be dated and signed by the Director. One copy of the site plan, including any conditions, shall be mailed to the applicant.
§ 10.3.030.070 Time Limits and Extensions.
A.
Time Limits. The duration of the site plan review approval shall be one year from the date of final approval. Construction must be commenced and diligently pursued toward completion within the oneyear period or the site plan approval shall expire, and a new application required.
B.
Extensions.
1.
Applicants may request an extension of up to twelve months on the time limit of an approved site plan. Requests for extensions shall be processed as ministerial actions, per the provisions of Section 10.3.020.030: Ministerial Actions of this Chapter, and shall be submitted to the Director in writing not less than one month prior to the expiration of site plan approval. The request shall state the reason(s) why the extension should be granted.
2.
The Director may grant the requested extension if it is determined that conditions for which the applicant is not responsible have prevented the applicant from commencing construction within the original time frame.
C.
Long Term and Ongoing Projects. In cases where a proposed project is expected to be completed over a period of years, a specific schedule for completion of project phases may be a condition of approval.
§ 10.3.030.080 Appeals.
Final decisions on site plan review applications may be appealed, per the provisions of Section 10.3.020.080: Appeal Procedures.
§ 10.3.030.090 Invalidation of Site Plan Approval.
Site plan approval shall become invalid, and a new site plan review shall become necessary, if either of the following occur:
A.
Use Changes. There is a substantial change in the type of use which requires additional parking, landscaping, screening, or public improvements.
B.
Project Size. There is a substantial change in the size of the project, including additions or demolitions, which affects the requirements for parking, landscaping, or public improvements.
§ 10.3.030.100 Revocation.
The Director may institute a proceeding to revoke an approved site plan review application, per the provisions of Chapter 10.15 - Enforcement, when reasonable grounds exist that one of the following events have occurred:
A.
Failure to Meet Conditions. Any conditions of approval are not being met.
B.
Failure to Build According to Plans. The project is not constructed in accordance with all of the approved plans.
C.
Erroneous Information. Approval was given on the basis of erroneous or misleading information or intentional misrepresentation.
If, in the opinion of the Director, the property owner demonstrates a good faith willingness to comply with the subject approval requirements within a reasonable time period, then revocation procedures may be stayed.
§ 10.3.050.010 Purpose.
A.
Certain uses are allowed in certain zones only conditionally. As a conditional use they are subject to specific regulations because they may have significant adverse effects on the environment, overburden public services, change the desired character of an area, or create nuisances. A review of these proposed uses is necessary due to the potential individual or cumulative impacts they may have on the surrounding area or neighborhood. The conditional use process provides an opportunity to allow conditional uses when they serve a public good or meet a need, and to ensure that negative impacts from the use are mitigated. A conditional use permit except as allowed in Section 10.5.100.040, does not by itself cause a change in any zoning or development standards; changes to development standards for a conditional use must go through the appropriate processes, such as a variance or adjustment, as outlined elsewhere in this document.
B.
Applicants for conditional uses may choose a two-stage process. First submit an application based on concept approval through the quasi-judicial conditional use process in this Article and then detailed site plans.
§ 10.3.050.020 Pre-Existing Uses.
Pre-existing uses which after the enactment of this Title would be allowed only as conditional uses shall be required to obtain an approved conditional use permit when an increase of 10% or greater is proposed for parking areas, combined square footage of structures, or total building footprint(s) of the pre-existing conditional use. Any change to a pre-existing use which would require new conditional use review shall be processed as a new conditional use permit application in accordance with the provisions of this Article. A preexisting use that applies for a conditional use permit and is denied retains its status as a pre-existing use. Expansions of City facilities which have been approved by the City Council after any public hearing are exempt from the requirements of this Article.
§ 10.3.050.030 Review Procedures.
A.
Applications. In addition to the requirements of Article 3.010: Application Procedures, conditional use permit applications shall be accompanied by one electronic copy of plans consistent with Article 6.180. The City, at its discretion, may require the application include a paper copy of one or more of the plans described in Article 6.180: Required Plans.
B.
Review.
1.
Conditional use permits shall be processed as quasi-judicial actions, per the provisions of Section 10.3.020.050: Quasi-Judicial Actions, and approved or denied by the Commission.
2.
Site plan approval, and when required, detailed landscape plan and detailed construction design plan approval, per the provisions of Article 6.180: Required Plans, shall always be a condition of conditional use approval. Concept site plans can be submitted for review by the Commission in lieu of the detailed site plan required for building permit approval. See subsection C of this section.
3.
The Commission may require a performance guarantee, per the provisions of Section 10.9.040.060(I): Performance Guarantee, to ensure compliance with any conditions of approval.
C.
Concept Review.
1.
The City offers a two-stage concept approval process for conditional uses. The applicant may request initial concept approval using the quasi-judicial process. If approval of the concept is granted, the applicant must then submit a detailed site plan and get final approval through the site plan review process.
2.
Applicants choosing the concept option must provide sufficient information in the form of site plans, narratives, or other documents to allow the Commission to make an initial decision.
3.
The Commission may impose conditions or require performance guarantees on concept approval in the same manner as for regular conditional use applications.
(Ord. 23-1400)
§ 10.3.050.040 Review Criteria.
A conditional use permit shall be granted if the Commission finds that the proposed use conforms with, or can be made to conform with through added conditions, any related requirements of this and other City ordinances and all of the following criteria:
A.
Permitted Conditional Use. The proposed use is conditionally permitted in the zone district where it is proposed to be located.
B.
Standards. The proposed use conforms to all applicable standards of the zone district where the use is proposed to be located. The proposed use will also be consistent with the purposes of this Title, and any other statutes, ordinances, or policies that may be applicable.
C.
Impact. The proposed structure(s) and use(s) shall be designed and operated in such a way as to meet the standards of this Article. Impacts caused by the construction of the conditional use shall not be considered regarding a decision on the validation of the application.
1.
Noise impacts across the property line shall not exceed 60 decibels. Noise related to traffic impacts shall not be included in this determination. Nothing in this Article shall modify other noise ordinance standards as adopted by the City.
2.
Lighting impacts across the property line shall not exceed 0.5 foot-candles (a foot-candle is the amount of light falling upon a 1-square-foot surface which is 1 foot away from a 1-candlepower light source.)
3.
Dust and other particulate matter shall be confined to the subject property.
5.
Vibrations shall not be felt across the property line.
6.
The transportation system is capable, or can be made capable, of supporting the additional transportation impacts generated by the use. Evaluation factors shall include, but are limited to:
§ 10.3.050.050 Zone Specific Review Criteria.
Certain conditional uses in certain zones require specific conditions to guard against impacts that, in addition to those in the previous section, may adversely affect the health, welfare, safety, privacy, and/or neighborhood character of the surrounding persons and property.
Uses in RL-Low Density Residential District zone: The RL zone is the most restrictive of the residential zones, focusing primarily on single-family residences on the majority of lots. To preserve the residential character of this zone, the size, location, and other characteristics of certain conditional uses in this zone shall be regulated.
The majority of existing conforming structures in the RL zone is substantially below the maximum allowable limits for building height, lot coverage, and front and/or rear yard setbacks. It would therefore be possible for the structure of a conditional use to adhere to the zoning standards for the RL zone, but still appear out-of-character with the existing residential uses, resulting in negative impacts on the visual continuity and aesthetics of the neighborhood.
A.
Floor Area Ratio. Certain uses may not have a Floor Area Ratio (FAR) greater than 10% over the greatest FAR for any structure within the Neighborhood Area, as defined in Section 10.3.040.020(A): Neighborhood Area.
Floor area for subterranean basements shall not be included in the FAR calculation. Floor area for day-light/walkout basements shall be included in the FAR calculation. For the purposes of this Article, "daylight/walkout basement" shall be defined as a partially-subterranean living area that: is built into a sloping site; has at least one full-height (6′8″) exterior passage door, that leads out to the ground level without more than one step; and has a minimum interior ceiling height of 7 feet.
B.
Uses. Uses allowed conditionally in the RL zone shall meet the landscaping requirement of Article 6.010 for the CG zone.
D.
Operations. Business hours for commercial and industrial uses in residentially zoned neighborhoods shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturday.
(Ord. 23-1400)
§ 10.3.050.060 Conditions.
The Commission may approve a conditional use permit subject to any and all conditions the Commission deems necessary to satisfy the review criteria and mitigate identified impacts, provided such conditions are related to the proposed development or to the operational characteristics of the proposed use.
§ 10.3.050.070 Time Limits and Extensions.
Conditional use permits shall be valid for one year from the date granted by the Commission. If construction is commenced within this one-year period and is being pursued diligently toward completion, the conditional use permit shall stay in full force for an additional year. In the case of unavoidable delay or an extensive construction schedule, the Commission may extend the time limit for completion of the project. At such time an extension is granted, the Commission may require a performance guarantee, per the provisions of Section 10.9.050.060(I): Performance Guarantee, which may require that any and all security be forfeited to the City in the event that substantial progress on the proposed development has not been made by the end of the extension period.
§ 10.3.050.080 Appeals.
Final decisions on conditional use permits may be appealed in accordance with the provisions of Section 10.3.020.080: Appeal Procedures of this Chapter.
§ 10.3.050.090 Revocation.
The Director may institute a proceeding before the Commission to revoke an approved conditional use permit, when reasonable grounds exist that one or more of the following events have occurred:
A.
Failure to Meet Conditions. Any conditions of approval are not being met.
B.
Failure to Build According to Plans. The project is not constructed in accordance with all of the approved plans.
C.
Erroneous Information. The permit was issued on the basis of erroneous or misleading information or a material misrepresentation.
The Director shall submit a report to the City Attorney and request that a notice of violation be sent pursuant to Chapter 10.15 - Enforcement. If, in the opinion of the Director, the property owner demonstrates a good faith willingness to comply with the subject approval requirements within a reasonable time period after the notice of violation, then revocation procedures may be stayed. If not, then the Director may schedule a hearing before the Commission using the same notice requirements and process as for an original conditional use application. |
§ 10.3.050.100 Minor Modifications to Approved Conditional Uses.
A.
Threshold. An application for a minor modification of a conditional use shall be required when the following thresholds apply: an increase in the gross floor area of conditional use up to and including 10% and less than 1,000 square feet of floor area for all properties that are not located in a residential zoning district and are located at a distance of more than 50 feet from a residential zoning district.
B.
Approval. Approval for a minor modification is made by the Director.
C.
Approval Criteria. In order to approve a minor modification, the Director shall make findings of fact based on evidence provided by the applicant demonstrating that all the following criteria are satisfied:
D.
Conditions of Approval. The Director may approve a minor modification subject to any and all conditions the Director deems necessary to satisfy the review criteria and mitigate identified impacts.
§ 10.3.050.110 Major Modifications to Approved Conditional Uses.
A.
Threshold. An application for a major modification of a conditional use shall be required when one or more of the following thresholds apply:
1.
Any increase in the gross floor area on properties located in a residential zoning district or within 50 feet of a residential zoning district.
2.
An increase in the gross floor area by more than 10% or in excess of 1,000 square feet for properties not located in a residential zoning district and which are located more than 50 feet from a residential zoning district.
3.
A change in use.
B.
Approval. Approval of a major modification is by the Commission.
C.
Approval Criteria. To approve a major modification, the Commission shall consider the application the same as a new conditional use permit request.
D.
Conditions of Approval. The Commission may approve a major modification subject to any and all conditions the Commission deems necessary to satisfy the review criteria and mitigate identified impacts.
§ 10.3.060.010 Purpose.
The purpose of an administrative conditional use permit is to conditionally allow the alteration, modification, or expansion of the exterior of a structure or parking area of a previously approved conditional use. Conditions of approval may be imposed to ensure that any such exterior changes to a site previously approved for a conditional use are reasonably compatible with the types of uses permitted outright in surrounding areas.
§ 10.3.060.020 Review Procedures.
A.
Applications. Application requirements shall be the same as those specified for conditional use permits, Section 10.3.050.030(A): Applications.
B.
Review.
1.
Administrative conditional use permits shall be processed as administrative actions, per the provisions of Section 10.3.020.040: Administrative Actions, and approved or denied by the Director.
2.
Concept site plan approval, and when required, detailed landscape plan and detailed construction design plan approval, per the provisions of Article 3.030: Site Plan Review, shall always be a condition of administrative conditional use approval.
3.
The Director may require a performance guarantee, per the provisions of Section 10.9.050.060(I): Performance Guarantee, to ensure that conditions of approval are, or will be, complied with.
§ 10.3.060.030 Review Criteria.
An administrative conditional use permit shall be granted if the Director finds that the proposed changes to the previously approved conditional use conform with, or can reasonably be made to conform with through added conditions, any related requirements of this and other City ordinances and all of the following criteria:
A.
Approved Conditional Use. The previously approved conditional use shall remain the same.
B.
Standards. The proposed changes to the approved conditional use meet all standards of the zone district where the use is proposed to be located.
D.
Impact. Any proposed changes to the existing structure or parking area of the previously approved conditional use shall not adversely affect the use's compatibility with, or impact on, the legal development of abutting properties and the surrounding neighborhood.
E.
Nuisance. The proposed changes to the use shall not generate nuisance conditions including, but not limited to, noise, glare, odor, or vibrations.
§ 10.3.060.040 Conditions.
The Director may approve an administrative conditional use permit subject to any reasonable conditions deemed necessary to satisfy the review criteria.
§ 10.3.060.050 Time Limits and Extensions.
The time limit and extension provisions shall be the same as those specified for conditional use permits, Section 10.3.050.070: Time Limits and Extensions.
§ 10.3.060.060 Appeals.
Final decisions on administrative conditional use permits may be appealed, per the provisions of Section 10.3.020.080: Appeal Procedures.
§ 10.3.060.070 Revocation.
The revocation provisions shall be the same as those specified for conditional use permits, Section 10.3.050.090: Revocation.
§ 10.3.070.010 Purpose.
A variance may be granted whenever the strict application of a requirement of this Title would impose unusual practical difficulties on one or more property owners, or unnecessary hardships on one or more properties. The authority provided by this Article to grant variances does not extend to the use regulations in any zone district or overlay.
§ 10.3.070.020 Review Procedures.
A.
Applications. In addition to the requirements of Article 3.010: Application Procedures, variance applications shall be accompanied by at least 15 copies of a concept site plan, per the provisions of Article 3.030: Site Plan Review, and a written statement which specifically addresses the review criteria as described in Section 10.3.070.030: Review Criteria.
B.
Review. Variance applications shall be processed as quasi-judicial actions, per the provisions of Section 10.3.020.050: Quasi-Judicial Actions.
C.
Floodplain Management. Variance requests from floodplain management regulations shall be subject to Section 10.8.030.130.
(Ord. 25-1414, 7/14/2025)
§ 10.3.070.030 Review Criteria.
A variance to the requirements of this Title shall be granted only in the event that each of the following circumstances is found to exist:
A.
The proposed variance will not be contrary to the purposes of this Title, policies of the Comprehensive Plan, or any other applicable policies and standards adopted by the City.
B.
Exceptional or extraordinary circumstances apply to the subject property, which do not apply generally to other property in the same zone or vicinity. Such circumstances are a result of lot size or shape, topography, or circumstances over which the applicant has no control.
C.
The variance is necessary for the preservation of a property right of the applicant which is substantially the same as owners of other property in the same zone or vicinity.
D.
The conditions or circumstances justifying the variance have not been willfully or purposely selfimposed, and do not result from a violation of this Title since its effective date.
E.
The proposed variance will not substantially reduce the amount of privacy enjoyed by users of neighboring land uses if the variance were not allowed.
F.
The proposed variance is the minimum variance which would alleviate the difficulty.
§ 10.3.070.040 Conditions of Approval.
In granting the variance, the Commission may attach any reasonable conditions deemed necessary to ensure the review criteria are met.
(Ord. 23-1400)
§ 10.3.070.050 Time Limits.
An approved variance shall be void 12 months from the date approved by the Commission and signed by the Chair, or less than 12 months from the issue date if such time limit is specified as a condition of approval, unless a building permit has been issued and substantial construction has taken place.
§ 10.3.070.060 Appeals.
Final decisions on variances may be appealed, per the provisions of Section 10.3.020.080: Appeal Procedures.
§ 10.3.080.010 Purpose.
The regulations of Title 10 are designed to implement the goals and policies of the Comprehensive Plan. These regulations apply City-wide, but because of the City's diversity, some sites are difficult to develop in compliance with the regulations. The adjustment review process provides a mechanism by which the regulations in Title 10 may be modified if the proposed development continues to meet the intended purpose of those regulations. Adjustments may also be used when strict application of Title 10 regulations would preclude all use of a site. Adjustment reviews provide flexibility for unusual situations and allow for alternative ways to meet the purposes of the code, while allowing Title 10 to continue to provide certainty and rapid processing for land use applications.
(Ord. 19-1373)
§ 10.3.080.020 Applicability.
B.
Adjustments are prohibited for the following items:
1.
To allow a primary or accessory use that is not allowed by the regulations;
2.
As an exception to any restrictions on uses or development which contain the word "prohibited";
3.
As an exception to a threshold for a review. An example is Section 10.3.050.110. That provision states that an increase in the gross floor area of more than 10% or in excess of 1,000 square feet requires a major modification process. An adjustment could not be granted to allow an increase of 1,100 square feet as a minor modification;
4.
As an exception to a definition or classification. An example is a family day care which is defined as care of 12 or fewer children. An adjustment could not be granted to change the number of children within that definition to be 13;
5.
As an exception to the procedural steps of a procedure or to change assigned procedure;
6.
To allow an increase or decrease in density above or below the allowed density of the applicable zone.
C.
The administrative adjustment procedure may be used to change the following:
1.
Up to 33% reduction of standard setback requirements.
2.
Up to 10% reduction in lot width or depth requirements, but not less than a minimum width of 35 feet in a residential zone and a minimum depth of 50 feet in a residential zone.
3.
Up to 10% reduction in required minimum lot area.
4.
Up to 10% increase in the maximum lot coverage area.
5.
Up to 10% increase in maximum height requirements for accessory structures, but height cannot exceed the height of the primary structure.
6.
Up to 25% reduction in off-street parking requirements, however no adjustment is allowed for parking requirements of 20 or more spaces.
7.
Up to 20% adjustment to a standard in Section 10.3.030.040(E)(3): Multifamily design standards.
D.
The quasi-judicial adjustment process may be used to change the following items:
1.
Up to 50% reduction in standard setback requirements.
2.
Up to 20% reduction in lot width or depth requirements, but not less than a minimum width of 35 feet in a residential zone and a minimum depth of 50 feet in a residential zone.
3.
Up to 20% reduction in required minimum lot area.
4.
Up to 20% increase in the maximum lot coverage area.
5.
Up to 20% increase in maximum height requirements for accessory structures, but height cannot exceed the height of the primary structure.
6.
Up to 50% reduction in off-street parking requirements, however no adjustment is allowed for parking requirements of 20 or more spaces.
7.
One- and two-family dwellings may qualify for a quasi-judicial adjustment exempting them from meeting the requirements of Section 10.5.010.060. Factors to be considered include the following: lots exceeding the minimum size; difference in elevation between building site and street; slope of lot; setback from street; difficult access from the street, and other relevant factors. If approved, the Planning Commission may require additional landscaping, among other conditions, to reduce the effect on the view from the street.
8.
Adjustment of more than 20% to a standard in Section 10.3.030.040(E)(3): Multifamily design standards.
(Ord. 19-1373; Ord. 21-1384)
§ 10.3.080.030 Review Procedures.
Administrative adjustment review procedures shall be the same as those specified for administrative actions in Section 10.3.020.020(B)(1). Quasi-judicial adjustment review procedures shall be the same as those for quasi-judicial actions in Section 10.3.020.020(B)(2).
§ 10.3.080.040 Review Criteria.
A.
An adjustment will be approved if the review body finds that the applicant has shown that either approval criteria 1 through 5 (Administrative Adjustment) or 6 through 8 (Quasi-Judicial Adjustment) below, has been met.
1.
If in a residential zone, the proposal will not significantly detract from the livability or appearance of the residential area; and
2.
If more than one adjustment is being requested, the cumulative effect of the adjustments results in a project which is still consistent with the overall purpose of the zone; and
3.
City-designated scenic resources and historic resources are preserved; and
4.
Any impacts resulting from the adjustment are mitigated to the extent practical; and
5.
If in an environmental sensitive area, the proposal has as few detrimental environmental impacts on the resource and resource values as is practicable; or
6.
Application of the regulation in questions would preclude all reasonable economic use of the site; and
7.
Granting the adjustment is the minimum necessary to allow the use of the site; and
8.
Any impacts resulting from the adjustment are mitigated to the extent practical.
B.
Additional Criteria. If the applicant meets the approval criteria of subsection A above, then the following criteria must also be met:
1.
Provide adequate provisions of light, air, and privacy to adjoining property;
2.
Provide for accessibility, including emergency vehicles, per City standards;
3.
Result in a development that conforms to the general character of the neighborhood or zone district;
4.
If a reduced number of parking is requested, provide adequate parking based on a parking demand analysis, or supplement on-site parking with joint use agreements.
(Ord. 19-1373)
§ 10.3.080.050 Conditions of Approval.
In granting the adjustment, the approving authority may attach any reasonable conditions deemed necessary to ensure the review criteria are met.
(Ord. 23-1400)
§ 10.3.080.060 Time Limits.
An adjustment shall be void 12 months from the date signed by the approving authority, or less than 12 months from the issue date if such time limit is specified as a condition of approval, unless a building permit has been issued and substantial construction has taken place.
§ 10.3.080.070 Appeal.
Final decisions on adjustments may be appealed, per the provisions of Section 10.3.020.080: Appeal Procedures.
§ 10.3.086.010 Purpose and Intent.
The purpose and intent of the cottage cluster design standards are to:
A.
Facilitate development of an alternative type of detached housing comprised of small residences oriented around open space and suited to accommodate a typical household of 1 or 2 individuals. Cottage dwellings are part of the City's overall housing strategy to promote a variety of housing choices to meet the needs of a population diverse in age, income, household composition, and individual needs.
B.
Address the impacts of development containing multiple detached dwellings, including height, massing, separation between structures, open space, landscaping, parking, and demands on public facilities and services.
C.
Minimize the visibility of off-street parking, storage, and other accessory uses.
D.
Ensure an interconnected network of walkways and other pedestrian amenities are provided and are compatible with the existing natural features of the site, including topography and vegetation.
E.
Allow increased density (as compared to single-family or duplex dwellings on their own lots) through the use of smaller than average home sizes, clustered parking, and the application of standards applied through site plan review and approval.
F.
All cottage housing developments are subject to applicable City standards for public facilities and stormwater management.
 |
(Ord. 19-1373)
§ 10.3.086.020 Density and Lot Area.
Zoning Districts | Residential Medium Density District RM | Residential High Density District RH |
|---|---|---|
Maximum cottage density | 1 cottage dwelling unit per 2,000 sq. ft. of site area | 1 cottage dwelling unit per 1,500 sq. ft. of site area |
Minimum number of cottages per development | 4 | 4 |
Maximum number of cottages | 12 | 24 |
Minimum size cottage development area for first 4 dwelling units | 12,000 sq. ft. | 12,000 sq. ft. |
Note: Density is based on net site area after deducting any required right-of-way dedications. Every unit must comply with the maximum floor area and applicable building requirements for one-and two-family dwellings. |
(Ord. 19-1373)
§ 10.3.086.030 Unit Size.
A.
Floor Area. To ensure that the overall size, including bulk and mass, of cottage structures and cottage housing developments is small and in scaled with adjacent development, and creates less visual and physical impact than standard sized single-family dwellings that are required to be located on larger lots, the following floor area limitations apply to cottage housing. Two types of cottages are provided to allow for a mixture of building sizes and footprints, while anticipating and addressing the varied impacts from each housing type.
Maximum Floor Area (sq. ft.) | Ground Floor Area (sq. ft.) | Maximum Upper Floor Area (sq. ft.) | Garage Floor Area | |
|---|---|---|---|---|
Small | <900 | 400-900 | 60% of ground floor | Included in ground floor if attached |
Large | =/>900 <1,400 | 600-900 | 60% of ground floor | Included in ground floor if attached |
Floor area is measured to the outside wall on the ground floor including the stairs (building footprint). Floor area includes all upper floor area with a ceiling height of 6 feet or more not including the stairs which are counted as part of the ground floor.
B.
A notice to the title of each unit shall prohibit any increase in the total floor area of any cottage or addition of accessory structures within the development unless the development site plan is amended. Such notice shall be recorded with the Wasco County Clerk's office.
(Ord. 19-1373)
§ 10.3.086.040 Lot Coverage.
Lot coverage is limited to no more than 50% impervious surface area. Impervious surfaces include driveways, building footprints, sidewalks, paved parking, compact gravel, and other surfaces that do not allow rain to percolate into the soil.
NOTE: Un-compacted gravel surfaces or pervious pavers may be demonstrated to be partially pervious using a professionally accepted methodology. If this calculation is prepared by the applicant's engineer and approved by the City Public Works Director, the graveled or permeable paved surface shall be counted in the lot coverage figure in accordance with its relative permeability (e.g., if a graveled path is demonstrated to be 15% permeable then 85% of the graveled path area would be counted in the impervious surface calculation).
The purpose of this requirement is to help ensure that surface and stormwater are contained on site. Stormwater low impact development techniques that encourage the natural treatment and infiltration of stormwater to mimic pre-development site conditions shall also be employed. Examples of low impact development techniques include directing stormwater to landscape areas with amended soils or into improved drainage areas under porches or eaves, green or living roofs, the use of pervious pavers, and retention of existing mature trees. Aggressive employment of stormwater low impact development techniques may allow for additional lot coverage if an applicant develops a project design that demonstrates the ability to handle surface and stormwater in common areas without limiting the community or public benefits of the established common areas. Private areas may also be relied on for stormwater infiltration if determined to be adequately protected by easement to ensure the continued availability of these areas as infiltration areas.
A qualified, Oregon-licensed professional engineer, considering at a minimum a 25-year storm event of 15 minutes duration, shall perform an on-site stormwater analysis. The stormwater control plan shall be approved by the Director of Public Works or Director's authorized designee and shall provide for the on-site collection, containment, and release of stormwater such that it will not have a deleterious impact to other properties, public or private. Prior to completion the Public Works Director or Director's authorized designee shall inspect all improvements. The applicant's licensed engineer shall provide a minimum of 2 sets of infrastructure "as built" drawings and confirm that all stormwater infrastructure was constructed according to the approved design.
(Ord. 19-1373; Ord. 23-1400)
§ 10.3.086.050 Open Area.
A.
Open Area. Common open space or open area is intended to provide a centrally located area that can be developed and maintained so it is usable for active and passive recreation. Unless the shape or topography of the site precludes the ability to locate units adjacent to common open space, the following requirements shall be met:
1.
There shall be a minimum of 400 square feet of common open space provided for each unit.
2.
Common open space shall abut at least 50% of the cottages in a cottage housing development.
3.
Common open space shall have cottages abutting on at least 2 sides, and be easily accessible to all dwellings within the development.
4.
Common open space shall not include portions of private yards, and shall be jointly owned by all residents.
5.
The common open space shall be outside of wetlands, streams and sensitive area buffers, and shall be on slopes of 12% or less.
6.
Grading and removal of mature trees shall be limited to meeting the City's development standards and to providing natural light for home sites.
7.
Landscaping in common areas shall be designed to allow for easy access and use of the space by residents, and to facilitate maintenance needs.
B.
Private Open Space. There shall be a minimum of 300 square feet of contiguous, usable private open space provided adjacent to each unit for the exclusive use of the cottage resident. Private open space is intended to provide private areas such as patios, decks and gardens, around the individual cottages and to enable diversity in landscape design.
(Ord. 19-1373)
§ 10.3.086.060 Building Separation.
Cottage units shall be separated from one another by not less than 10 feet, including eaves and architectural projections. Accessory structures shall maintain not less than 5 feet of separation from all other structures and comply with applicable building and fire and life safety code requirements.
(Ord. 19-1373)
§ 10.3.086.070 Setbacks.
The emphasis of cottage development is to provide for development that focuses on and benefits from useful common areas. For this reason, with the exception of the outside perimeter of the development, side and rear yards are regulated only insofar as structures must maintain minimum separation (Section 10.3.086.060) and comply with applicable building and fire code standards. With respect to the outside perimeter, cottage dwellings and their accessory structures must meet setbacks or yard requirements for single-family detached development in the zone in which they are located.
(Ord. 19-1373)
§ 10.3.086.080 Building Height.
Maximum height is 20 feet, except 28 feet for cottage dwellings with 2 floors of living space, having a minimum roof pitch of 6:12, and set back not less than 10 feet from the closest dwelling and property line.
(Ord. 19-1373)
§ 10.3.086.090 Parking and Storage.
A.
One off-street parking space is required for each cottage dwelling.
B.
Off-street parking and accessory storage shall be:
1.
Fully contained on the cottage development site; any storage must be enclosed in a structure or cabinet designed for outdoor use.
2.
Screened from view from abutting residences. This may be accomplished with landscaping or structural screens.
3.
Grouped to correspond with cottage clusters and avoid single large parking areas that are difficult to screen from view.
4.
Where practical, clustered to limit grading, curb cuts, and impervious surfaces.
C.
Detached Garage and Carport Structures.
1.
Where provided, shared carports or garages shall be limited to a maximum of 4 vehicles per structure and shall be detached from the dwelling units.
2.
The design of carports and garages must have roof lines and use materials similar to that of the dwelling units within the development.
3.
Parking of vehicles and storage shall be limited to those owned by the residents of the development.
D.
On-street parking shall be provided on streets abutting the cottage development; the applicant may be required to dedicate right-of-way for required street improvements, which shall include on-street parking. Where a development lacks sufficient street frontage, it shall provide on-site visitor parking in addition to the parking required for each dwelling at a ratio of 1 visitor space for every 3 dwelling units.
(Ord. 19-1373)
§ 10.3.086.100 Design Standards.
A.
Site Design.
1.
The common open space shall be centrally located within a cottage housing development.
2.
Where feasible, each dwelling unit that abuts a common open space shall have a primary entry and/or covered porch oriented toward common open space.
3.
Pedestrian connections shall link all buildings to the public rights-of-way, common open space, and parking areas.
4.
Exterior lighting shall be shielded or hooded and directed downward so as to light only the intended area without shining into a neighboring house or business. All lighting shall be shown on the site plan and cut-sheets shall be provided with the application submittal.
5.
Exterior mechanical equipment including heating or cooling facilities shall be visually screened from abutting residential uses and designed and sited to minimize the noise and visual impacts they can have on a site.
6.
If streets are determined to be low-volume local roads and emergency vehicle access and safety and traffic flow issues are addressed, then alternate street standards may be deemed acceptable if approved by the Public Works Director. The possibility of flexibility in internal street design standards shall be considered initially in a pre-application conference prior to completing an application. Notwithstanding, cottage development access driveways shall have a paved width of not less than 12 feet, with 2-foot shoulders, and shall maintain clearances for emergency vehicles.
B.
Building Design.
C.
Community Buildings.
(Ord. 19-1373)
§ 10.3.086.110 Alternative Cottage Cluster Designs.
An applicant may request adjustment to the standards contained in this Chapter during development review. A specific request for adjustment within a cottage development is not subject to variance criteria. Only the Planning Commission may approve an adjustment, upon finding that the specific adjustment requested provides for an equal or better way to meet the purpose and intent in Section 10.3.086.010.
(Ord. 19-1373)
§ 10.3.086.120 Assurance for Common Areas Maintenance.
Prior to issuance of any development permit (grading, public improvements, building, etc.) the applicant shall provide evidence acceptable to the City Attorney that common areas and elements will be maintained. This may be met by submitting draft Bylaws and Covenants, Restrictions and Conditions (CC&Rs) for the development's Homeowners Association for review and approval by the City. Where the development contains multiple lots, the assurance, which shall be recorded at Wasco County, shall require joint ownership and maintenance of all common areas by all owners of the cottage dwellings.
(Ord. 19-1373)
§ 10.3.090.010 Purpose.
The purpose of the nonconforming development regulations is to control, improve, or terminate uses, buildings, and structures which were lawful prior to the enactment of this Title, but which do not conform to its provisions. The goal is to permit nonconformities to continue, but not to encourage their perpetuation, and to ultimately bring all development (excepting certain existing residential uses) into conformance with this Title and the Comprehensive Plan.
§ 10.3.090.020 Unlawful Use.
No unlawful use of property at the time this Title is enacted shall be deemed a nonconforming development. Property owners may be required to provide evidence used to identify a use as lawful prior to any planning action on a nonconforming development.
§ 10.3.090.030 Conveyance.
This Article shall not be construed to limit the sale, transfer, or conveyance of property containing a nonconforming use, building, or structure so long as the sale, transfer, or conveyance does not otherwise violate the provisions of this Title.
§ 10.3.090.040 Nonconforming Lots of Record.
Lots and parcels legally created but which do not conform to the zoning standards in this Title may be occupied by allowed uses after the date of this Title, if those uses comply with all of the provisions of this Title.
§ 10.3.090.050 Nonconforming Uses.
A use that was legally allowed when established, but which is no longer permitted in the zone district in which it is located, may continue after becoming nonconforming so long as it complies with all of the following requirements:
A.
Expansion. A nonconforming use shall not be expanded or moved to occupy a different or greater area of land, buildings, or structures than the use occupied at the time it became nonconforming.
B.
Discontinuance. If a nonconforming use is discontinued for any reason for more than 12 consecutive months, any subsequent use shall conform to all of the regulations of the subject zone district. For the purposes of this Title, rental payments, lease payments, or the payment of taxes shall not be considered as a continued use. "Discontinued" shall mean non-use and shall not require a determination of the voluntary or involuntary nature of the discontinuance or the intent to resume the nonconforming use.
C.
Change of Use. A nonconforming use change may be approved as an administrative action or as a quasi-judicial action, per the appropriate provisions of Section 10.3.020.040: Administrative Actions or Section 10.3.020.050: Quasi-Judicial Actions. A nonconforming use may change to another similar or less nonconforming use when the degree of nonconformity is not increased, no alterations are made to the structures, buildings or parking areas which would increase the nonconformity, and the approving authority approves the following:
D.
Residential Use in the Central Business Commercial District. Residential uses in the Central Business Commercial District are allowed as follows:
§ 10.3.090.060 Nonconforming Structures.
A.
Continuation. A nonconforming structure that was allowed when established, but is no longer permitted in the subject zone district because it does not conform to the existing height, setback, coverage, area, or other requirements, may continue so long as it complies with all of the following requirements:
1.
The structure is not enlarged, moved, or altered in a way that increases its nonconformity; however, the structure may be altered to decrease its nonconformity.
2.
If a nonconforming structure is damaged by any means, the structure may only be reconstructed or replaced to conform with its pre-damage nonconforming state; otherwise, the structure shall be reconstructed in accordance with the provisions of this Title.
3.
If a nonconforming structure is moved, it must conform to the standards of the zone district to which it is moved.
4.
The nonconformity is not specifically prohibited from continuation on the deed.
B.
Maintenance and Repair. Ordinary maintenance and repair is permitted on any structure or portion of any structure when:
§ 10.3.090.070 Exceptions.
A.
Residential Uses. Any structure used as any residential building type before the enactment of this Title may be:
1.
Rebuilt if damaged or destroyed for any reason, provided the reconstructed building has the same or fewer number of units, and serves the same use as the original structure.
2.
Continued as a nonconforming residential use whether or not the structure is continuously occupied, provided that the residential use is not changed to some other use.
3.
Modified and or enlarged provided that:
a.
The structure maintains the same or fewer number of units.
b.
The typical setback requirements for residential dwellings as specified in Article 5.030: RM - Medium Density Residential District are met. In cases where the existing nonconforming residential structure does not meet the RMH setback standards, the modification or enlargement to the structure is allowed provided that any expansion does not further encroach upon RM setback requirements.
c.
The residential off-street parking requirement listed in Article 7.060: Minimum and Maximum Off-Street Parking Requirements is met.
d.
The nonconforming structure is not located in an existing City right-of-way.
§ 10.3.090.080 Modification of an Adult Use in a Nonconforming Adult Business.
An adult business which at the time of adoption of General Ordinance No. 05-1262 does not conform to the criteria in that ordinance, shall be governed by the provisions of this Article, except that the current adult use may not be expanded to include other types of uses by law which are not accessible by persons of any age group under 18 years of age. Any such modification of the adult use shall result in automatic loss of the rights under this Article and shall cause the adult business to be in violation of this Title.
§ 10.3.100.010 Purpose.
The purpose of a zone change is to provide for a zoning revision, and the accompanying zoning map revision, in response to the needs of one or more landowners, in order to maintain conformance with the Comprehensive Plan, and to correct any zoning map errors.
§ 10.3.100.020 Review Procedures.
A.
Applications. Applications for zone changes shall be made in accordance with the provisions of Article 3.010: Application Procedures.
B.
Review. Requests for zone changes shall be processed as either quasi-judicial or legislative actions, and approved or denied by the Council.
1.
Quasi-Judicial Zone Changes. The Council shall approve or deny quasi-judicial zone change applications, per the provisions of Section 10.3.020.050: Quasi-Judicial Actions, with the following addition:
Applications for quasi-judicial zone changes shall be reviewed by the Commission, per the legislative hearing procedure of Section 10.3.020.070(B): Legislative Hearing Procedure. The Commission shall make a recommendation to approve or deny the zone change, and this recommendation will be made a part of the staff report prepared for the Council's quasi-judicial hearing of the application.
2.
Legislative Zone Changes. The Council shall approve or deny legislative zone change applications, per the provisions of Section 10.3.020.060: Legislative Actions of this Chapter.
C.
Adoption by Ordinance. Approved zone changes shall be adopted by ordinance per the provisions of Chapter VIII, Ordinances, of the City Charter.
D.
Zoning Map Amendment. Approved zone changes shall automatically amend the official zoning map in order to reflect the change(s).
E.
Comprehensive Plan Map Amendments. Approved Comprehensive Plan map amendments shall automatically effect zone changes and zoning map amendments.
§ 10.3.100.030 Review Criteria.
A zone change shall be granted if the following criteria are met:
A.
Conformance. The proposed zone change conforms to the Comprehensive Plan, including the Transportation System Plan, and all other provisions of this Title.
B.
Suitability. The site is adequate in size and shape for uses normally allowed by the proposed zone.
C.
Streets and Traffic. The site is, or will be, adequately served by streets for the type and volume of traffic generated by uses that may be permitted in the new zone, and the planned function, capacity, and performance standards as adopted in the Transportation System Plan. Requirements of the State Transportation Planning Rule shall apply to those land use actions that significantly affect the transportation system, as defined by OAR 660-012-0060.
D.
Adverse Effect. The proposed zone change shall have minimal adverse effect on existing and future surrounding development.
§ 10.3.100.040 Appeals.
Final decisions on zone changes may be appealed, per the provisions of Section 10.3.020.080: Appeal Procedures.
§ 10.3.110.010 Purpose.
This Article describes the procedures and review criteria necessary to amend the land use and development regulations in this Title. For the purposes of this Article an amendment to this Title shall be referred to as a "text amendment."
§ 10.3.110.020 Review Procedure.
A.
Applications. Applications for ordinance amendments shall be made in accordance with the provisions of Article 3.010: Application Procedures.
B.
Review. Text amendments shall be processed as legislative actions in accordance with Section 10.3.020.060: Legislative Actions, with the following addition: the Historical Landmarks Commission shall review requests for text amendments concerning historic resources, and make a recommendation to the Planning Commission either supporting or opposing the request. This recommendation shall be made a part of the Planning Commission's review of the proposed text amendment.
§ 10.3.110.030 Review Criteria.
Proposed text amendments shall be consistent with the Comprehensive Plan, and State Laws and Administrative Rules, including the State Transportation Planning Rule OAR 660-012-0060. Proposed text amendments shall be consistent with the adopted Transportation System Plan and the planned function, capacity, and performance standards of the impacted facility or facilities. Requirements of the State Transportation Planning Rule shall apply to those land use actions that significantly affect the transportation system, as defined by OAR 660-012-0060.
§ 10.3.110.040 Appeals.
Text amendments may be appealed to LUBA subject to ORS 197.830, "Review procedures; standing; deadlines; issues subject to review; attorney fees and costs; publication of orders; mediation."
§ 10.3.120.010 Proposals.
A redevelopment plan shall be provided for all proposed developments as outlined in TDMC Section 10.6.170.040. The purpose of a redevelopment plan is to govern development patterns (including the layout of subdivisions, planned developments, and partitions) to maximize the long-term potential for residential development and achieve the density prescribed by the Comprehensive Plan. All redevelopment plans must indicate how the property(ies) may be further developed to meet minimum density without inhibiting development of adjacent lands. The redevelopment plan shall clearly indicate all of the following information applicable to the particular development proposal:
A.
Project name.
B.
A separate vicinity map indicating location of the proposed development.
C.
Scale. The scale shall be at least 1 inch equals 50 feet (1:50), unless a different scale is authorized by the Director.
D.
North arrow.
E.
Date of plan.
F.
Location and names of all existing rights-of-way and location of proposed rights-of-way within or on the boundary of the proposed development.
G.
Lot layout with dimensions for all lot lines (if applicable).
H.
Location and dimensions of all existing and proposed dwellings and structures. Indicate which dwellings and/or structures are to remain and which are to be removed.
I.
Location and dimensions of all yards and setbacks from all property lines.
J.
Distances between existing and proposed dwellings and structures.
K.
Location and description of any slopes greater than 25%.
L.
Location of existing and proposed utilities and easements.
M.
Location of any reasonably significant natural features, including, but not limited to, water courses, trees, rock outcroppings, ponds, floodplains, drainage ways, and wetlands.
N.
Any additional information reasonably required by the Director to act on the application.
(Ord. 23-1395)