This chapter provides the procedures by which the City shall review and decide upon applications for all permits relating to the use of land authorized by ORS Chs. 197 and 227. Any applicant may elect to consolidate applications for two or more related permits required for a single development project.

(Ord. No. 688, 6-15-1999)

A.

Type I decisions do not require interpretation or the exercise of policy or legal judgment in evaluating approval criteria and include zoning approval for single-family dwellings and final subdivision and planned unit development plans generally in conformance with approved preliminary plans. The City Administrator issues a Type I decision. Type I decisions are not conditional use or limited land use decisions. There is no right to approval of a Type I decision.

B.

Type II decisions involve the exercise of limited interpretation and discretion in evaluating approval criteria. Applications evaluated through this process are assumed to be allowed in the underlying district. The review focuses on what form the use will take or how it will look. Notice of application and an invitation to comment is mailed to the applicant and property owners within 100 feet. When the application pertains to a parcel or parcels in the I-82/U.S. 730 Interchange Area Management Plan (IAMP) management area, the City shall provide written notification to ODOT when the application is deemed complete. The City Administrator accepts comments for 14 days and renders a decision. The City Administrator's decision may be appealed to the Planning Commission by any party with standing (i.e., the applicant and any party who submitted comments in writing during the 14-day period). The Planning Commission's decision is the City's final decision and may be appealed to the land use board of appeals within 21 days of becoming final. The City Administrator issues a Type II decision.

C.

Type III decisions involve the greatest amount of discretion and evaluation of subjective approval standards. Applications evaluated through this process include conditional use permits, preliminary planned unit development plans, variances, code interpretations, and similar determinations (the process for these land use decisions is controlled by ORS 197.763). Notice of the application and the Planning Commission hearing is published in the newspaper of record and mailed to the applicant, property owners within 100 feet, and interested agencies. When the application pertains to a parcel or parcels in the I-82/U.S. 730 Interchange Area Management Plan (IAMP) management area, the City shall provide written notification to ODOT when the application is deemed complete. Notice must be issued at least 20 days before the hearing and the staff report must be available at least seven days before the hearing. At the hearing held before the Planning Commission, all issues must be addressed. The Planning Commission's decision may be appealed to the City Council. The City Council's decision is the City's final decision and may be appealed to the land use board of appeals.

D.

Type IV decisions include only annexations and both legislative and quasi-judicial amendments to the comprehensive plan text and map or to the zoning ordinance text and map. These applications involve the greatest amount of discretion and evaluation of subjective approval criteria. The process for these land use decisions is controlled by ORS 197.763. Notice of the application and Planning Commission hearing is published and mailed to the applicant, property owners within 100 feet, and interested agencies. When the application pertains to a parcel or parcels in the I-82/U.S. 730 Interchange Area Management Plan (IAMP) management area, the City shall provide written notification to ODOT when the application is deemed complete. Notice must be issued at least 20 days before the hearing and the staff report must be available at least seven days before the hearing. The Planning Commission's decision is a recommendation to the City Council. Notice is given for the City Council hearing as for the Planning Commission hearing. The City Council's decision is the final decision and may be appealed to the Land Use Board of Appeals.

SUMMARY OF THE APPROVAL PROCESS

Note:

1.

Site review may be included with a Type III review for conditional use permit, planned unit development, or other permit.

(Ord. No. 688, 6-15-1999; Ord. No. 766, 12-6-2011; Ord. No. 840, 9-3-2019)

A.

Recommendation. Prior to submitting an application for a permit, the City recommends that an applicant schedule and attend a preapplication conference with the staff to discuss the proposal. The City Administrator may waive this requirement if the scale of the project does not warrant a meeting.

B.

Requirement. Preapplication conferences are required for applications for which a traffic impact analysis (TIA) is required, pursuant to Section 10-11-10 of this title.

C.

Scheduling and request for comments. An applicant shall submit an application and pay the appropriate fee to schedule a preapplication conference. The application shall include sufficient information in the form of narrative and plans for the City and any interested agencies to review the proposal. The City will review the project and request comments from other interested agencies to provide the applicant with information on the likely requirements, approval standards, fees, and any other information that may affect the proposal. The City Administrator will provide the applicant with a written summary of the conference within ten working days of the meeting.

D.

Caveat. Notwithstanding any representations by the City at a preapplication conference, the City is not authorized to waive any requirements of this Code and any omission or failure by the staff to recite to an applicant all relevant applicable land use requirements shall not constitute a waiver by the City of any standard or requirement.

(Ord. No. 688, 6-15-1999; Ord. No. 766, 12-6-2011)

A permit application may only be initiated by the record property owner or contract purchaser, the City Council, or the Planning Commission. The City will not accept an application without the signed authorization from all record owners.

A.

All permit applications shall be submitted on a form provided by the City, along with all necessary supporting documentation and information sufficient to demonstrate compliance with all applicable approval criteria and standards, and the appropriate fee. The applicant has the burden of demonstrating, with evidence, that all approval criteria and standards are, or can be, met.

B.

A complete application includes all the materials listed in this section and any specific information requested for a particular permit. The City Administrator may waive the submission of any of the materials if not deemed to be applicable to the specific review sought. Likewise, within 30 days of submission of the application, the City Administrator may require additional information beyond that listed in this subsection, such as a traffic impact analysis (TIA) pursuant to requirements in Section 10-11-10 of this title or other study prepared by an appropriate expert. The applicant is responsible for the completeness and accuracy of the application and all supporting documentation.

1.

A completed city application form that includes:

a.

An accurate legal description, tax account number(s), map number, and street location of all properties that are the subject of the application.

b.

Name, address, telephone number, and authorized signature(s) of all record property owners or contract owners, and the name, address, and telephone number of the applicant, if different from the property owner(s).

2.

A complete list of all city permit approvals sought by the applicant in this application.

3.

A complete and detailed narrative describing the proposed development, existing site conditions, public facilities and services, natural features including wetlands and steep slopes, a discussion of the approval criteria and standards for all permits explaining how the criteria and standards are, or can be, met, and any other information indicated by the City at the preapplication conference as being required.

4.

A site plan or plans and a vicinity map, drawn to scale. The site plan shall include at least the following features, along with any other information necessary to understand the proposal:

a.

Dimensions of the site and all structures, existing and proposed.

b.

Existing conditions, including topography and any other physical features such as vegetation, wetlands, watercourses, slopes, etc.

c.

Rights-of-way abutting the site, whether public or private, and access to the site. In the I-82/U.S. 730 Interchange Area Management Plan (IAMP) management area, proposed access shall be consistent with the access management plan in the IAMP (Section 7).

d.

Locations and sizes of all public utilities, existing and proposed, on and in the vicinity of the site.

e.

Locations, dimensions, and purposes of all recorded easements.

f.

Size of areas (in square feet) and percentages of the total site area devoted to structures, parking, landscaping, open space, dedication of right-of-way, and any other proposed feature.

g.

Proposed landscaping plan, including size, species, and location of plants or other elements.

h.

Parking plan.

i.

Detail of screening and fencing.

j.

Exterior lighting, including location, type, height, and areas of illumination.

k.

Service areas for trash collection, mail delivery, etc.

5.

The applicant shall provide the City with up to 20 copies of all reports, plans, site plans, and other documents required by this section. The number of copies will be determined at the preapplication conference. One copy of all plans and maps reduced to 8½ inches by 11 inches or 11 inches by 17 inches, and suitable for reproduction.

6.

All required application fees.

(Ord. No. 688, 6-15-1999; Ord. No. 766, 12-6-2011)

A.

The City Administrator shall accept an application and verify that all appropriate fees have been paid. The City Administrator will review the application and all information submitted with it and evaluate whether the application is complete enough to process. Within 30 days of receipt of the application, the City Administrator shall complete this initial review and issue a written statement to the applicant indicating whether the application is complete or, if not, what information must be submitted to make the application complete.

B.

The applicant has 180 days from the date the application was submitted to provide any required additional information or the application shall be rejected and all materials and any unused portion of the application fee shall be returned to the applicant. If the applicant submits the requested information within the 180-day period, the City Administrator shall again verify whether the application, as augmented, is complete.

C.

When the City Administrator determines the application is complete or the applicant refuses to submit any more information, the City Administrator shall declare the application complete and take final action on the application within 120 days of that date unless the applicant waives or extends the 120-day period.

(Ord. No. 688, 6-15-1999)

A.

Notice of Type I applications. Notice of the decision is provided only to the applicant. No other notice is required because a Type I application does not involve a land use decision.

B.

Notice of Type II applications. The City shall prepare and send notice of an application by first class mail to all record owners of property within 100 feet of the subject property and to any interested agency, including Umatilla County, the Oregon Department of Transportation, and other agencies that might have a facility or jurisdiction affected by the proposal. The notice shall include the following information:

1.

The City's assigned file number.

2.

Street address or other easily understood location of the subject property.

3.

A description of the proposal, along with citations of the approval criteria and standards that the City will use to evaluate the proposal.

4.

A statement that any interested party may submit to the City written comments on the application during a 14-day comment period prior to the City's deciding on the application. Instructions on where to send comments and the deadline for the comment period will be clearly stated.

5.

A statement that any issue that is intended to provide a basis for an appeal to the Land Use Board of Appeals (LUBA) must be raised in writing during the 14-day comment period with sufficient specificity to enable the City to respond to the issue.

6.

A statement that the application and all supporting materials may be inspected, and copied at cost, at City Hall during normal business hours.

7.

The name and telephone number of the city staff person assigned to the application who is able to answer questions about the application.

C.

Notice of Type III and Type IV quasi-judicial applications. At least 20 days prior to the hearing, the City shall prepare, and send by first class mail, notice of the hearing to all record owners of property within 100 feet of the subject property. The City shall also publish a notice in a newspaper of general circulation within the City at least ten days prior to the hearing. Notice of the application shall include the following information:

1.

The City's assigned file number and title of the proposal.

2.

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

3.

The street address or other easily understood location of the site.

4.

A description of the proposal in sufficient detail for people to determine the nature of the proposal, including a description of the area or location of the land that will be affected by the proposal.

5.

A list of the approval criteria and standards that the City will use to evaluate the proposal.

6.

A statement that any interested party may testify at the hearing or submit written comments on the proposal at or prior to the hearing.

7.

The name and telephone number of the city staff person assigned to the application who is able to answer questions about the application.

8.

A statement that failure of any person entitled to notice under this section to receive notice shall not invalidate the action, provided that the City can demonstrate by a certificate of mailing that such notice was sent.

9.

A statement that the application and all supporting materials may be inspected, and copied at cost, at City Hall during normal business hours.

(Ord. No. 688, 6-15-1999)

All public hearings pertaining to quasi-judicial permits, whether before the Planning Commission or City Council, shall comply with the procedures of this section. In addition, all public hearings held pursuant to this chapter shall comply with the Oregon Public Meetings Laws, the applicable provisions of ORS 197.763, and any other applicable law.

A.

Hearing scheduled. When the City Administrator determines that an application for a Type III or IV quasi-judicial decision is complete or when an appeal of a City Administrator's decision on a Type II application has been filed, a hearing shall be scheduled before the Planning Commission or City Council.

B.

Notice of hearing. Notice of the hearing shall be issued at least 20 days prior to the hearing in accordance with Section 10-14-6 of this chapter.

C.

Comments from interested agencies. The City Administrator shall request comments from interested agencies which may have facilities or jurisdiction affected by the proposal, including, but not limited to, the State Department of Transportation, Umatilla County, the irrigation district, and any other public or private utility or agency.

D.

Report. The City Administrator shall prepare a staff report on the application that lists the applicable approval criteria and standards, describes the application and the development proposal, summarizes all relevant city department, agency, and public comments, describes all other pertinent facts as they relate to the application and the approval criteria and standards, and makes a recommendation as to whether each of the approval criteria and standards are met.

E.

Announcement. At the beginning of the initial public hearing for any quasi-judicial application or appeal, the following statement shall be announced to those in attendance:

1.

That the hearing will proceed in the following general order: staff report, applicant's presentation, testimony in favor of the application, testimony in opposition to the application, rebuttal, record closes, commission deliberation, and decision.

2.

That all testimony and evidence submitted, orally or in writing, must be directed toward the applicable approval criteria and standards. If any person believes that other criteria or standards apply in addition to those addressed in the staff report, those criteria must be listed and discussed on the record. The decision maker may reasonably limit oral presentations in length or content depending upon time constraints. Any party may submit written materials of any length while the public record is open.

3.

Failure to raise an issue on the record, with sufficient specificity and accompanied by statements or evidence sufficient to afford the City and all parties to respond to the issue, will preclude appeal on that issue to LUBA.

4.

Any party wishing a continuance or to keep the record open must make that request while the record is still open.

5.

That the Commission or Council Chair shall call for any ex parte contacts, conflicts of interest, or bias before the beginning of each hearing item.

F.

Requests for continuances and to keep the record open. The Planning Commission or City Council may continue the hearing from time to time to allow the submission of additional information or for deliberation without additional information. New notice of a continued hearing need not be given so long as a time certain and location for the continued hearing is established. Similarly, the hearing may be closed, but the record left open for the submission of additional written material or other documents and exhibits. The factual and legal issues that may be addressed in any continued hearing or open-record period may be limited.

G.

Decision. The Planning Commission or City Council shall identify the basis for its decision in findings of fact and conclusions of law. The findings of fact and conclusions of law may be the staff's report, may be prepared by the applicant, or may be prepared by any other party. When Planning Commission or City Council reaches a tentative decision on any matter, it shall direct the staff or other party to prepare appropriate findings and conclusions, then it shall review the tentative decision before the decision is issued as a final decision. The Planning Commission or City Council may reconvene in public hearing to resolve any questions before the decision becomes final and is signed by the Planning Commission or Council Chair.

(Ord. No. 688, 6-15-1999)

A.

Authority. All city decision makers have the authority to impose reasonable conditions of approval designed to ensure that all applicable approval criteria and standards are, or can be, met.

B.

Revocation, code enforcement proceedings. Failure to comply with any condition of approval shall be grounds for revocation of the permit(s) and grounds for instituting code enforcement proceedings.

C.

Notice of decision. The City shall send, by first class mail, a notice of all decisions rendered under this chapter to all persons with standing, i.e., the applicant, all others who participated either orally or in writing before the close of the public record, and those who specifically requested notice of the decision. The notice of decision shall include the following information:

1.

The file number and date of decision.

2.

The name of the applicant, owner, and appellant (if different).

3.

The street address or other easily understood location of the subject property.

4.

A brief summary of the decision, and if an approval, a description of the permit approved.

5.

A statement that the decision is final unless appealed and a description of the requirements for filing an appeal.

6.

A statement that a copy of the final decision may be inspected or copies obtained at City Hall, with an address and telephone number.

D.

Modification of conditions. Any request to modify a condition of permit approval shall be processed in the same manner, and shall be subject to the same standards, as was the original application. However, the decision maker may at its sole discretion, consider a notification request and limit its review of the approval criteria and standards to those issues or aspects of the application that are proposed to be changed from what was originally proposed. A request to modify a decision already signed and final will not affect the finality or enforceability of that decision.

(Ord. No. 688, 6-15-1999)

When conditions of permit approval require the applicant to construct certain improvements, the City may allow the applicant to submit a financial guarantee in lieu of actual construction of the improvement. Financial guarantees are covered by this section.

A.

Form of guarantees. Guarantees shall be in a form approved by the City Attorney, and may include an irrevocable standby letter of credit issued by a recognized lending institution to the benefit of the City, a certified check, dedicated bank account, or allocation of a construction loan held in reserve by the lending institution for the benefit of the City. The guarantee shall be filed with the City Administrator.

B.

Amount of guarantee. The amount of the performance guarantee shall be equal to at least 110 percent of that estimated cost of constructing the improvement in question. The amount of the performance guarantee may be larger than 110 percent if deemed necessary by the City Administrator. The cost estimate substantiating the amount of the guarantee must be provided by the applicant and supported by either an engineer's or architect's estimate or written estimates by three contractors with their names and addresses. The estimates shall separately itemize all materials, labor, and other costs.

C.

Duration of the guarantee. The guarantee shall remain in effect until the improvement is actually constructed and accepted by the City. Once the City has inspected and accepted the improvement, the City shall release the guarantee to the applicant. If the improvement is not completed to the City's satisfaction within the time limits specified in the permit approval or the guarantee, the City Administrator may, at his discretion, draw upon the guarantee and use the proceeds to construct or complete construction of the improvement and for any related administrative and legal costs incurred by the City. Once constructed and approved by the City, any remaining funds shall be refunded to the applicant.

D.

Deferral. The City may allow an applicant to defer construction of improvements, if the applicant provides a financial guarantee. The applicant shall agree to construct those improvements upon written notification by the City, or at some other mutually agreed-to time. If the applicant fails to commence construction of the required improvements within six months of being instructed to do so, the City may, without further notice, undertake the construction of the improvements and draw upon the applicant's performance guarantee to pay those costs as provided in subsection C. of this section.

(Ord. No. 688, 6-15-1999)

A.

Imposition; elements. The City may impose as a condition of final approval of a quasi-judicial permit, the requirement that the applicant execute a covenant with the City agreeing to comply with all conditions of approval. Any such covenant shall include the following elements:

1.

An agreement that the applicant will comply with all applicable Code requirements, conditions of approval, and any representations made to the City by the applicant or the applicant's agents during the application review process, either orally or in writing. This commitment shall be binding on the applicant and all of the applicant's successors, heirs, and assigns.

2.

If the owner fails to perform under the covenant, the City may immediately institute revocation of the approval or any other enforcement action available under state law or this Code. The covenant may also provide for payment of attorney fees and other costs associated with any such enforcement action.

3.

Where the development rights of one site are dependent on the performance of conditions by the owner of another property (such as joint access), the covenants shall be judicially enforceable by the owner of one site against the owner of another.

B.

Adopting the covenant. The form of all covenants shall be approved by the City Attorney. The covenant shall run with the land and shall be placed in the county deed records prior to the issuance of any permits or development activity pursuant to the approval. Proof of recording shall be made prior to the issuance of any permits and filed with the City. Recording shall be at the applicant's expense. Any covenant required under this section shall be properly signed and executed within 30 days after permit approval with conditions; provided however, that the City Administrator may grant reasonable extensions, not to exceed an additional 30 days, in cases of practical difficulty. Failure to sign and record the covenant within the prescribed period shall render the approval null and void.

(Ord. No. 688, 6-15-1999)

The following rules shall govern any challenges to a decision maker's participation in a quasi-judicial or legislative action:

A.

Ex parte contacts. Any factual information obtained about a land use application by a decision maker outside the context of a quasi-judicial hearing shall be deemed an ex parte contact. Prior to the close of the record in any particular matter, any decision maker that has obtained any material factual information through an ex parte contact shall declare the content of that contact and allow any interested party to rebut the substance of that contact. This rule does not apply to legislative proceedings.

B.

Conflict of interest. Whenever a decision maker, or any member of a decision maker's immediate family or household, has a financial interest in the outcome of a particular quasi-judicial or legislative matter, that decision maker shall not participate in the deliberation or decision on that matter.

C.

Bias. All decisions in quasi-judicial matters shall be fair, impartial, and based on the applicable approval standards and the evidence in the record. Any decision maker who is unable to render a decision on this basis in any particular matter shall refrain from participating in the deliberation or decision on that matter. This rule does not apply to legislative proceedings.

(Ord. No. 688, 6-15-1999)

A.

Purpose. Legislative actions involve the adoption or amendment of the City's land use regulations, Comprehensive Plan, maps, inventories, and other policy documents that affect the entire City or large portions of the City. Legislative actions which affect land use must begin with a public hearing before the Planning Commission.

1.

Hearing required. The Planning Commission shall hold at least one public hearing before recommending action on a legislative proposal. Any interested person may appear and provide written or oral testimony on the proposal at or prior to the hearing. The City Administrator shall notify the Oregon Department of Land Conservation and Development (DLCD) as required by the post acknowledgment procedures of ORS 197.610 to 197.625, as applicable.

2.

City Administrator's report. The City Administrator shall prepare and make available a report on the legislative proposal at least seven days prior to the hearing.

3.

Planning Commission recommendation. At the conclusion of the hearing, the Planning Commission shall adopt a recommendation on the proposal to the City Council. If the Planning Commission has initiated the action and decides that no action is appropriate, the matter is terminated and the decision is terminated and may not be appealed unless otherwise provided by law. If the City Council initiated the legislative proposal, the Planning Commission shall submit to the City Council a report and recommendation on the proposal.

B.

City Council review.

1.

City Council action. Upon a recommendation from the Planning Commission on a legislative action, the City Council shall hold at least one public hearing on the proposal. Any interested person may provide written or oral testimony on the proposal at or prior to the hearing. At the conclusion of the hearing, the City Council may adopt, modify, or reject the legislative proposal, or it may remand the matter to the Planning Commission for further consideration. If the decision is to adopt at least some form of the proposal and thereby amend the City's land use regulations, Comprehensive Plan, Official Zoning Maps, or some component of these documents, the City Council's decision shall be enacted as an ordinance.

2.

Notice of final decision. Not later than five days following the City Council's final decision, the City Administrator shall mail notice of the decision to DLCD in accordance with ORS 197.615(2) and to any party who participated, either orally or in writing, before the Planning Commission or City Council.

(Ord. No. 688, 6-15-1999)

Any party who objects to the procedure followed in any particular matter, including bias, conflict of interest, and undisclosed ex parte contacts, must make a procedural objection prior to the City's rendering a final decision. Procedural objections may be raised at any time prior to a final decision, after which they are deemed waived. In making a procedural objection, the objecting party must identify the procedural requirement that was not properly followed and identify how the alleged procedural error harmed that person's substantial rights.

(Ord. No. 688, 6-15-1999)

Appeals of any nonfinal decisions by the City must comply with the requirements of this section.

A.

Decisions appealed. Type I decisions by the City Administrator are not appealable to any other decision maker within the City. Type II decisions by the City Administrator may be appealed to the Planning Commission. Type III decisions of the Planning Commission may be appealed to the City Council, which is the final City decision on any matter. Type IV decisions by the Planning Commission are recommendations only and are forwarded automatically to the City Council. Type IV decisions do not become final until acted upon by the City Council.

B.

Notice of appeal. A notice of appeal of a Type II decision by the City Administrator and any Type III decision by the Planning Commission must be received in writing by the City Administrator within ten calendar days from the date notice of the challenged decision is provided to those entitled to notice.

C.

Information required. The following must be included in a notice of appeal:

1.

The City's file number and date the decision to be appealed was rendered. The name, mailing address, and daytime telephone number for each appellant.

2.

A statement of how each appellant has an interest in the matter and standing to appeal.

3.

A statement of the specific grounds for the appeal.

4.

The appropriate appeal fee. Failure to include the appeal fee with the notice of appeal is deemed to be a jurisdictional defect and will result in the automatic rejection of any appeal so filed.

D.

Standing to appeal. The following rules prescribe who has standing to appeal:

1.

For Type II decisions, only the applicant and those persons who submitted written comments within the 14-day comment period have standing to appeal a City Administrator's decision. For persons other than the applicant, grounds for appeal are limited to those issues raised in writing during the 14-day comment period.

2.

For Type III decisions, only the applicant and those who participated either orally or in writing have standing to appeal a Planning Commission decision. For persons other than the applicant, grounds for appeal are limited to those issues raised either orally or in writing before the close of the public record.

E.

Notice of the appeal hearing. The City shall issue notice of the appeal hearing to all parties who participated either orally or in writing before the close of the public record. Notice of the appeal hearing shall contain the following information:

1.

The file number and date of the decision being appealed.

2.

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

3.

The name of the applicant, owner, and appellant (if different).

4.

The street address or other easily understood location of the subject property.

5.

A description of the permit requested and the applicant's development proposal.

6.

A brief summary of the decision being appealed and the grounds for appeal listed in the notice of appeal.

7.

A statement that the appeal hearing is confined to the issues raised in the notice of appeal.

8.

A general explanation of the requirements for participation and the City's hearing procedures.

F.

Appeal hearing, scope of review. Appeal hearings shall comply with the procedural requirements of Section 10-14-7 of this chapter. Appeal hearings conducted by the Planning Commission shall be de novo, but the issues under consideration shall be limited to those listed in the notice of appeal. Appeal hearings conducted by the City Council shall be on the record and the issues under consideration shall be limited to those listed in the notice of appeal.

(Ord. No. 688, 6-15-1999)

A.

Automatic expiration. All quasi-judicial permit approvals, except for Zoning Map or Comprehensive Plan Map amendments, automatically become void if any of the following events occur:

1.

If, within one year of the date of the final decision, a building permit has not been issued; or

2.

If, within one year of the date of the final decision, the activity approved in the permit has not commenced or, in situations involving only the creation of lots, the final plat of a land division has not been approved by the City and recorded.

B.

New application required. Expiration of an approval shall require a new application for any use on the subject property that is not otherwise allowed outright.

C.

Deferral of expiration period due to appeals. If a permit decision is appealed beyond the jurisdiction of the City, the expiration period shall not begin until review before LUBA and the appellate courts has been completed, and any remand proceedings before the City. The expiration period provided for in this section will begin to run on the date of final disposition of the case (the date when an appeal may no longer be filed).

(Ord. No. 688, 6-15-1999)

A.

The City may extend any approved permit prior to its expiration for a period of six months through a Type II procedure. No more than two such extensions may be approved and only if there has been substantial implementation of the permit. Any request for an extension shall be reviewed and decided upon by the City in the same manner as the original approval.

B.

Substantial implementation of a permit shall require at a minimum, for each six-month extension, demonstrable evidence in a written application showing:

1.

The permit holder has applied for all necessary additional approvals or permits required as a condition of the land use or limited land use permit.

2.

The request for an extension is not sought for purposes of avoiding any responsibility imposed by this Code or the permit or any condition thereunder.

3.

There have been no changes in circumstances or the law that would require significant modifications of the original approval or which would preclude approval.

(Ord. No. 688, 6-15-1999)

If an application is denied, no reapplication for the same or substantially similar proposal may be made for one year following the date of final decision denying the application.

(Ord. No. 688, 6-15-1999)

Where a provision of the Comprehensive Plan, this title or Title 11 of this Code conflicts with another City ordinance or requirement, the provision or requirement that is more restrictive or specific shall control.

(Ord. No. 688, 6-15-1999)

The City shall not accept any application for a permit, certificate, or other approval, including building permit applications, for any property that is not in full compliance with all applicable provisions of the Comprehensive Plan, this title and Title 11 of this Code, and with any permit approvals previously issued by the City, unless the application proposes returning the property or structure to full compliance.

(Ord. No. 688, 6-15-1999)

The Planning Commission may decide, through a Type III process, that a use not specifically listed in the allowed uses of a zoning district may nonetheless be allowed if it is deemed to be similar in nature and impact to the uses allowed in the applicable district. Any similar use so authorized must be similar to, or of the same type as, the uses allowed in the underlying district. However, this section does not allow the authorization of a use which is allowed in some other district.

(Ord. No. 688, 6-15-1999)

Under this section, parties with standing may seek reconsideration of a final decision rendered pursuant to a Type II, III, or IV process. Reconsideration is warranted where the City's decision indicates that the decision maker failed to understand or consider certain relevant facts or misinterpreted the application or legal standards in some material way. Any request for reconsideration must be received by the City within ten days of when the decision in question was rendered and must specifically describe the alleged misunderstanding or misinterpretation. A request for reconsideration shall not stay the effectiveness of the City's final decision, nor shall it affect any applicable appeal deadlines to LUBA. If the request is granted, the City Administrator shall notify all affected parties that the decision will be reconsidered. If the reconsideration is based upon new evidence or information, all parties with standing shall have the opportunity to review and comment on the new evidence or information. Any request for reconsideration by the applicant shall be deemed a waiver of the 120-day deadline under subsection 10-14-5 C. of this chapter. The City's decision on a request for reconsideration is not a land use decision and is not appealable.

(Ord. No. 688, 6-15-1999)

In the event an applicant or applicant's successor in interest fails to comply with all conditions of permit approval or otherwise does not comply fully with the City's approval, the City may institute a revocation or modification proceeding under this section.

A.

Situations when permit approvals may be revoked or modified. All quasi-judicial permits may be revoked or modified if the Planning Commission determines a substantial likelihood that any of the following situations exists:

1.

One or more conditions of the approval have not been implemented or have been violated.

2.

The activities of the use, or the use itself, are substantially different from what was approved.

3.

The use is subject to the nonconforming use regulations, the owner or operator has not obtained approval, and has substantially altered the nature or extent of the use since the time the use became nonconforming.

B.

Process for revocation and modification. Revocation or modification shall be processed as a Type III decision. The City or any private complaining party shall have the burden of proving, based on substantial evidence in the whole record, that the applicant or the applicant's successor has in some way violated the City's approval.

C.

Possible actions at the revocation hearing. Depending on the situation, the Planning Commission may take any of the actions described in this section. The Planning Commission may not approve the new use or a use that is more intense than originally approved unless the possibility of this change has been stated in the public notice. Uses or development which are alleged to have not fulfilled conditions, violated conditions, or when the use is not consistent with the City's approval may be subject to the following actions:

1.

The Planning Commission may find that the use or development is complying with the conditions of the approval. In this case, the use or development shall be allowed to continue.

2.

The Planning Commission may modify the approval if it finds that the use or development does not fully comply with the conditions of approval, that the violations are not substantial enough to warrant revocation, and that the use can comply with the original approval criteria if certain conditions are met. In this case, the Planning Commission may modify the existing conditions, add new conditions to ensure compliance with the approval criteria and standards, or refer the case to the Code Compliance Officer for enforcement of the existing conditions.

3.

The Planning Commission may revoke the approval if it finds there are substantial violations of conditions or failure to implement conditions of prior land use decisions, such that the original approval criteria for the use or development are not being met.

D.

Effect of revocation. In the event that the permit approval is revoked or the use is declared to be illegal, the use or development shall be terminated within 30 days of the date of the Planning Commission's final order, unless the decision provides otherwise. In the event the decision on a revocation request is appealed, the revocation action shall be stayed pending a final, unappealed decision.

(Ord. No. 688, 6-15-1999)

Unless otherwise stated in the City's permit decision, any approval granted under this title runs with the land and is transferred with the ownership of the land. Any conditions, time limits, or other restrictions imposed with a permit approval shall bind all subsequent owners of the property for which the permit was granted.

(Ord. No. 688, 6-15-1999)

The City may adopt by resolution, and revise from time to time, a schedule of fees for applications and appeals. Fees shall be based upon the City's actual or average cost of processing the application or conducting the appeal process. The only exception shall be the appeal fee for a Type II decision shall be limited by ORS 227.175(10)(b). The requirements of this section shall govern the payment, refund, and reimbursement of fees.

A.

Payment. All fees shall be due and payable at the time the application or appeal is submitted. No application or appeal shall be accepted or processed without the proper fee being paid.

B.

Refunds. Fees will only be refunded as provided in this subsection:

1.

Fee not required. When a fee is paid for an application which is later found to not be required, the City shall refund the fee.

2.

Errors. When an error is made in calculating a fee, overpayments will be refunded.

3.

Refund upon withdrawal of an application. In the event an applicant withdraws an application, the City shall refund the unused portion of the fee, if any. In this case, the City will deduct from the fee the City's actual costs incurred in processing the application prior to withdrawal.

C.

Fee waivers. The City Administrator may waive all or any portion of an application or appeal fee if, in the opinion of the City Administrator, an application must be resubmitted because of an error made by the City.

(Ord. No. 688, 6-15-1999)

Notwithstanding any other notice required in this title, written notice shall be provided to the Oregon Division of State Lands of applications which involve lands that are wholly or partially within areas that are identified as wetlands on the state-wide wetlands inventory. Wetland boundaries shall be verified in the field by a qualified professional before any application for development in or adjacent to a wetland is accepted as complete.

A.

Notice shall be sent within five working days of the acceptance of a complete application for a subdivision, building permit for new structure, planned development, or any other development permit or approval that allows physical alteration of the land involving excavation, grading, fill, or construction on the land, and any development in a floodplain or floodway.

B.

Notice shall be sent if the City receives information that there is a possible wetland on the subject property following acceptance of the application.

(Ord. No. 688, 6-15-1999)

In case a building or other structure is or is proposed to be located, constructed, maintained, repaired, altered or used, or land is or is proposed to be used, in violation of this title, the building or land thus in violation shall constitute a nuisance. The City may, as an alternative to other remedies that are legally available for enforcing this title, institute injunction, mandamus, abatement or other appropriate proceedings to prevent, enjoin temporarily or permanently, abate or remove the unlawful location, construction, maintenance, repair, alteration or use. Costs incurred as a result of entering into any such action shall be borne by the property owner and may become a lien against the property.

(Ord. No. 688, 6-15-1999)

A person who violates a provision of this title shall, upon conviction, be punished by the imposition of a class B civil fine as set forth in Title 1, Chapter 4 of this Code. A violation of this title shall be considered a separate offense for each day the violation continues.

(Ord. No. 688, 6-15-1999)