This Ordinance provides for a number of Land Use Applications, required and provided to achieve the purposes of this Ordinance.

The decision-making standards set forth in this Chapter are provided based on the fundamental distinction between legislative and administrative proceedings. Legislative proceedings establish public law and policy that is applicable throughout the city, while administrative proceedings apply such law and policy to factually distinct, individual properties and/or circumstances.

1. Legislative Proceedings. The Council is identified hereby to be the only Land Use Authority of the city authorized to render a decision on any matter determined to be legislative in nature and subject to a legislative proceeding. The following types of Applications are hereby declared legislative matters and subject to legislative proceedings:
   
   1. General Plan Amendment Applications.
      
   2. Land Use Ordinance Amendment Applications, including Zoning Ordinance and Subdivision Ordinance Text Amendment Applications.
      
   3. Zoning Districts Map (Rezones) and other Official Map Amendment Applications.
      
   4. Temporary Land Use Regulations as provided by LUDMA.
      
2. Legislative Proceedings—Decision Standards. A decision regarding a legislative proceeding shall be based on the “reasonably debatable” standard, as follows:
   
   1. The Council shall determine what action, if any, in its judgment is necessary, to achieve the purposes of the Vineyard General Plan, the City’s Land Use Ordinances, other Ordinances, and the purposes of LUDMA.
      
   2.  In rendering a decision for a legislative proceeding the Council may consider the following:
      
      1. Reports, information and testimony presented at the public hearing(s) or meeting(s) when the legislative matter was considered; and
         
      2. The personal knowledge of Council members regarding the various conditions and activities bearing on the issue, including, but not limited to, the effect of guiding growth and development in an orderly manner, providing for the implementation of the General Plan, preserving the natural beauty and resources, including open space, wildlife habitat, and clean water, providing opportunities for the establishment of appropriate business activities to meet the needs of residents and others, preventing the overcrowding of land, preventing damage and injury from disasters such as fire, flood, geologic and seismic hazards, and other dangers, directing and managing the type, distribution, and intensity of uses and activity, ensuring the adequacy and sufficiency of required public services, facilities, and amenities, protecting landowners from potential adverse impacts from adjoining uses, and securing economy and efficiency in the allocation and expenditure of public funds.
         
   3. The Council shall identify and include the basis, and any findings of fact, for the decision in the public record of the Council meeting when the legislative matter is considered.
      
3. Administrative Proceedings. The following types of Applications are hereby declared to be administrative matters and subject to administrative proceedings:
   
   1. Temporary Use (T) Applications.
      
   2. Permitted Use (P-1) Applications.
      
   3. Permitted Use (P-2) Applications.
      
   4. Conditional Use (C) Applications.
      
   5. Applications for Determinations of Legal Nonconforming Uses, Noncomplying Structure(s), and other Nonconformities.
      
   6. Sign Permit Applications.
      
   7. Variance Applications.
      
   8. Building Permit Applications.
      
   9. All other Applications for any necessary Approval, Permit, or License required by the provisions of this Ordinance, and all other Land Use Ordinances, not identified to be a legislative proceeding, as identified by this Chapter.
      
4. Administrative Proceedings—Decision Standards. All decisions regarding an administrative proceeding shall be based on the “substantial evidence” standard including, as a minimum the following:
   
   1. A Statement of the standards for approval applicable to the Application;
      
   2. A summary of evidence presented to the Land Use Authority;
      
   3. A Statement of findings of fact or other factors considered, including the basis upon which such facts were determined and specific references to applicable standards, as set forth in this Ordinance, other Land Use Ordinances, and other provisions and requirements of Federal, State, and Local Law.
      
   4. A Statement of approval, approval with requirements or conditions, or denial, as applicable.
      
   5. The Land Use Authority, as applicable, shall identify and include any findings of fact for the decision of administrative matters.