The Planning Commission after the mailing of a public notice and publication of notice of the hearing. Appeals of the Planning Commission decision shall be directly to the City Commission; or

Hearings Officer.

An appeal of a land use action where the City Commission is the hearings body:

Application Forms. Type I applications shall be made on forms provided by the City of Warrenton.

Application Requirements. Type I applications shall:

Who May Appeal. The applicant or property owner have legal standing to appeal a Type I ministerial decision.

Appeal Procedure.

Application Forms. Type II applications shall be made on forms provided by the City of Warrenton.

Submittal Information. The application shall:

Before making a Type II administrative decision, the Community Development Director shall mail notice to:

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

Notice of a pending Type II administrative decision shall:

Within five days after the Community Development Director signs the decision, a notice of decision shall be sent by mail to:

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

The Type II notice of decision shall contain:

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

Appeal Procedure.

Application Forms. Type III applications shall be made on forms provided by the City of Warrenton.

Content. Type III applications shall:

Mailed Notice. Notice of a Type III application hearing (or appeal) or Type I or II appeal hearing shall be given by the Community Development Director in the following manner:

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

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

If the hearings body grants a continuance, the completion of the hearing shall be continued to a date, time, and place at least seven days after the date of the first evidentiary hearing. An opportunity shall be provided at the second hearing for persons to present and respond to new written evidence and oral testimony. If new written evidence is submitted at the second hearing, any person may request, before the conclusion of the second hearing, that the record be left open for at least seven days, so that they can submit additional written evidence or testimony in response to the new written evidence.

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

The Record.

Participants in the appeal of a Type I or II decision or a Type III hearing are entitled to an impartial review authority as free from potential conflicts of interest and pre-hearing ex parte contacts (see paragraph 6 of this subsection) as reasonably possible. However, the public has a countervailing right of free access to public officials. Therefore:

Ex Parte Communications.

Presenting and Receiving Evidence.

Basis for Decision. Approval or denial of an appeal of a Type I or II decision or a Type III application shall be based on standards and criteria in this Code. The standards and criteria shall relate approval or denial of a discretionary development permit application to the development regulations and, when appropriate, to the Comprehensive Plan for the area in which the development would occur and to the development regulations and Comprehensive Plan for the City as a whole.

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

Form of Decision. The hearings body shall issue a final written order containing the findings and conclusions stated in paragraph 2 of this subsection, which either approves, denies, or approves with specific conditions. The hearings body may also issue appropriate intermediate rulings when more than one permit or decision is required.

Decision-Making Time Limits. A final order for any Type I or II appeal or Type III action shall be filed with the Community Development Director within 10 business days after the hearings body decision.

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

Appeal Procedure.

Application Forms. Type IV applications shall be made on forms provided by the Community Development Director.

Submittal Information. The application shall contain:

Required Hearings. A minimum of two hearings, one before the Planning Commission and one before the City Commission, are required for all Type IV applications.

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

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

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

Unless otherwise provided in the rules of procedure adopted by the City Commission:

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

The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197 (for Comprehensive Plan amendments only);

Comments from any applicable federal or state agencies regarding applicable statutes or regulations;

Any applicable intergovernmental agreements; and

Any applicable Comprehensive Plan policies and provisions of this Code that implement the Comprehensive Plan. Compliance with Chapter 16.232 shall be required for Comprehensive Plan amendments, and land use district map and text amendments.

The Planning Commission shall:

Any member of the Planning Commission who votes in opposition to the Planning Commission's majority recommendation may file a written statement of opposition with the Community Development Director before the City Commission public hearing on the proposal. The Community Development Director shall send a copy to each City Commissioner and place a copy in the record.

If the Planning Commission fails to adopt a recommendation to approve, approve with modifications, approve with conditions, deny the proposed change, or adopt an alternative proposal, within 90 days of its first public hearing on the proposed change, the planning official shall:

The City Commission shall:

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

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

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

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

The official record shall include:

Participants. When a pre-application conference is required, the applicant shall meet with the Community Development Director or designee(s). The Community Development Director shall invite City staff from other departments to provide technical expertise applicable to the proposal, as necessary, as well as other public agency staff such as transportation, transit, and airport agency staff.

Information Provided. At such conference, the Community Development Director shall:

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

Changes in the Law. Due to possible changes in federal, state, regional, and local law, the applicant is responsible for ensuring that the application complies with all applicable laws on the day the application is deemed complete.

Initiation of Applications.

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

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

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

Prepare application forms based on the criteria and standards in applicable state law, the City's Comprehensive Plan, and implementing ordinance provisions;

Accept all development applications which comply with Section 16.208.070;

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

Prepare a notice of the proposal decision:

Administer the hearings process;

File notice of the final decision in the City's records and mail a copy of the notice of the final decision to the applicant; all persons who provided comments or testimony; persons who requested copies of the notice; and any other persons entitled to notice by law;

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

Administer the appeals and review process.

The purpose of an amended decision process is to allow the Community Development Director to correct typographical errors, rectify inadvertent omissions and/or make other minor changes, which do not materially alter the decision.

The Community Development Director may issue an amended decision after the notice of final decision has been issued but before the appeal period has expired. If such a decision is amended, the decision shall be issued within 10 business days after the original decision would have become final, but in no event beyond the 120-day period required by state law. A new 10-day appeal period shall begin on the day the amended decision is issued.

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

Modifications to approved plans or conditions of approval requested by the applicant shall follow the procedures contained in Chapter 16.228. All other requested changes to decisions that do not qualify as minor or major modifications shall follow the appeal process.

Site Design Review—Determination of Type II and Type III Applications. Applications for site design review shall be subject to Type II or Type III review, based on the following criteria:

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

Architectural Drawings. Architectural drawings shall be submitted showing the following information from subparagraphs a through c of this paragraph 2, and shall comply with Division 3:

Preliminary Grading Plan. A preliminary grading plan prepared by a registered engineer shall be required for developments which would result in the grading (cut or fill) of 1,000 cubic yards or greater. The preliminary grading plan shall show the location and extent to which grading will take place, indicating general changes to contour lines, slope ratios, slope stabilization proposals, and location and height of retaining walls, if proposed. Surface water detention and treatment plans may also be required, in accordance with Chapter 16.140.

Landscape Plan. A landscape plan is required and shall comply with Chapter 16.124.

Proposed sign(s) shall be required in conformance with the City's Sign Code (Chapter 16.144).

Copies of all existing and proposed restrictions or covenants.

Letter or narrative report documenting compliance with the applicable approval criteria contained in subsection C of this section.

The application is complete, as determined in accordance with Chapter 16.208 and subsection B of this section.

The application complies with all of the applicable provisions of the underlying land use district (Division 2), including building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other special standards as may be required for certain land uses.

The applicant shall be required to upgrade any existing development that does not comply with the applicable land use district standards, in conformance with Chapter 16.276, Nonconforming Uses and Development.

The application complies with the applicable design standards contained in Division 3.

A grading permit or building permit has not been issued within the applicable approval period, as defined above; or

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

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

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

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

The applicant demonstrates that failure to obtain grading permits and/or building permits and substantially begin construction within the applicable approval period was beyond the applicant's control.

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

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

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

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

Partitions involve the creation of three or fewer lots within one calendar year,

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

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

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

Potential future lot division(s) in conformance with the housing and density standards of Division 2.

Potential street right-of-way alignments to serve future development of the property and connect to adjacent properties, including existing or planned rights-of-way.

A disclaimer that the plan is a conceptual plan intended to show potential future development. It shall not be binding on the City or property owners, except as may be required through conditions of land division approval. For example, dedication and improvement of rights-of-way within the future plan area may be required to provide needed secondary access and circulation.

A proposed subdivision preliminary plat with 20 lots or more shall provide baseline active open space of an area equal to at least five percent of the subject site.

Active open space shall be easily accessible, physically or visually, to all members of the planned community via a minimum 30-foot wide street frontage or access easement.

Active open space areas shall have a dedicated meter and underground irrigation system to ensure adequate water supply during establishment period (three years) and during periods of drought for all newly planted areas.

Active open space shall be no smaller than the minimum lot size requirement of the underlying zoning district with a minimum width 40 feet.

Active open space may abut a collector or greater classified street as identified in the City's adopted Transportation System Plan, when separated from the street by a constructed barrier, such as a fence or wall, at least three feet in height.

Active open space shall be physically accessible to all residents of the development.

Active open space shall include physical improvements to enhance the area. Physical improvements may include benches, gazebos, plazas, picnic areas, playground equipment, sport courts, play fields, or other items permitted by the Planning Commission.

An association of owners or tenants, created as a non-profit corporation under the laws of the state (ORS 94.572) which shall adopt and impose articles of incorporation and bylaws and adopt and impose a declaration of covenants and restrictions on the common open space that is acceptable to the City Attorney as providing for the continuing care of the space. Any subsequent changes to such CC&Rs regarding the active open space must be approved by the City Attorney. Such an association shall be formed and continued for the purpose of maintaining the common open space and shall provide for City intervention and the imposition of a lien against the entire subdivision development in the event the association fails to perform as required.

A public agency which agrees to maintain the dedicated active open space and any buildings, structures, or other improvements which have been placed on it.

Dedicated active open space shall be protected by Covenants (CC&Rs) or deed restriction to prevent any future commercial, industrial, or residential development.

All proposed streets west of Main Avenue shall have a tree or plant life name; and all proposed streets between Highway 101 and Main Avenue shall have a "nautical" name.

All proposed streets shall have directional prefixes as part of the street name (i.e., E, NE, SW, S).

All proposed streets east of Highway 101 shall follow the street naming procedure as outlined below:

Flag Lots. Flag lots may be created only when a through street cannot be extended to serve future development. A flag lot must have at least 16 feet of frontage on a public way and may serve no more than two dwelling units, including accessory dwellings and dwellings on individual lots or other commercial or industrial uses. A minimum width of 12 feet of frontage for each lot shall be required when three or more flag lots are using a shared access. In no instance may more than four parcels utilize a joint access; in such instances the properties shall be served by a public or private street as the case may dictate. The layout of flag lots, the placement of buildings on such lots, and the alignment of shared drives shall be designed so that future street connections can be made as adjacent properties develop, to the extent practicable, and in accordance with the transportation connectivity and block length standards of Section 16.120.020.

Mid-Block Lanes. Where consecutive flag lot developments or other infill development could have the effect of precluding local street extensions through a long block, the Planning Director may require the improvement of mid-block lanes through the block. Lots may be developed without frontage onto a public street when access is provided by mid-block lanes. Mid-block lanes are private drives serving more than two dwelling units with reciprocal access easements; such lanes are an alternative to requiring public right-of-way street improvements where physical site constraints preclude the development of a standard street. Mid-block lanes, at a minimum, shall be paved, have adequate storm drainage (surface retention, where feasible, is preferred), meet the construction standards for alleys, and conform to the standards of subsections 3 through 5.

Dedication of Shared Drive Lane. A drive serving more than one lot shall have a reciprocal access and maintenance easement recorded for all lots. No fence, structure or other obstacle shall be placed within the drive area. The owner shall record an easement from each property sharing a drive for vehicle access similar to an alley. Dedication or recording, as applicable, shall be so indicated on the face of the subdivision or partition plat.

Maximum Drive Lane Length. The maximum drive lane length is subject to requirements of the Uniform Fire Code, but shall not exceed 150 feet for a shared drive, and 400 feet for a shared rear lane.

Future Street Plans. Building placement and alignment of shared drives shall be designated so that future street connections can be made as surrounding properties develop.

Subdivision with greater than three lots shall be processed with a Type III procedure under Section 16.208.050.

Partition with three or fewer lots shall be processed by means of a Type II procedure, as governed by Section 16.208.040.

Any changes to the preliminary plat follow the procedures in Chapter 16.228.

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

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

The City may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period (i.e., for required public improvements, utilities, streets) for any partition or subdivision phase be greater than two years without reapplying for a preliminary plat.

The criteria for approving a phased land division proposal are:

General Information.

Site Analysis.

Proposed Improvements.

Partition and Subdivision.

Subdivision Only.

An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon;

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

Cash.

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

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

Stipulates the improvement fees and deposits that are required.

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

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

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

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

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

No additional parcel or lot is created by the lot line adjustment.

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

All lots and parcels affected by the lot line adjustment are in the same zoning district except that lots already located within one or more zoning district designations (i.e., "split-zone lots") may receive adjusted lot lines as long as the adjusted line remains in the zone in which it was originally located.

An existing structure(s) on one or both of the tax lots, must comply with current setback standards of the appropriate zoning district in Division 2.

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

Applicable policies of the Comprehensive Plan.

Applicable Columbia River Estuary Aquatic and Shoreland Development Standards, Chapter 16.160.

For certain uses in Columbia River Estuary aquatic areas, whether the use or activity meets the resource capability and purpose of the zone in which it is proposed when such a determination is required in accordance with Chapter 16.164.

For certain activities in Columbia River Estuary aquatic areas, the findings of an impact assessment where required by Chapter 16.164.

Development standards of the applicable zone.

Basic conditional use standards of this section.

Appropriate conditional use standards of this section.

Controlling the location and number of vehicle access points.

Increasing the required street width.

Limiting the number, size, location and lighting of signs.

Requiring diking, fencing, screening, landscaping, berms, or other items to protect adjacent areas.

Designating sites for open space.

Specifying the types of materials to be used.

Increasing the required lot size or yard dimensions.

Reducing the required height and size of buildings.

Specifying the time of year the activity may occur.

Completion of a monitoring program.

The proposed use is in conformance with the Comprehensive Plan.

The location, size, design and operating characteristics of the proposed use are such that the development will be compatible with, and have a minimal impact on, surrounding properties.

The use will not generate excessive traffic, when compared to traffic generated by uses permitted outright, and adjacent streets have the capacity to accommodate the traffic generated.

Public facilities and services are adequate to accommodate the proposed use.

The site's physical characteristics, in terms of topography, soils and other pertinent considerations, are appropriate for the use.

The site has an adequate area to accommodate the proposed use. The site layout has been designed to provide for appropriate access points, on-site drives, public areas, loading areas, storage facilities, setbacks and buffers, utilities or other facilities which are required by City ordinances or desired by the applicant.

The use is appropriate at the proposed location. Several factors which should be considered in determining whether or not the use is appropriate include: accessibility for users (such as customers and employees); availability of similar existing uses; availability of other appropriately zoned sites; and the desirability of other suitably zoned sites for the intended use.

Construction, reconstruction, or widening of highways, roads, bridges or other transportation facilities that are (a) not designated in the City's adopted Transportation System Plan ("TSP"), or (b) not designed and constructed as part of an approved subdivision or partition, are allowed in most districts (see Section 16.20.040 for a list of districts that allow transportation facilities and improvements) subject to a conditional use permit and satisfaction of all of the following criteria:

State Transportation System Facility or Improvement Projects. The State Department of Transportation ("ODOT") shall provide a narrative statement with the application demonstrating compliance with all of the criteria and standards in this section. Where applicable, an environmental impact statement or environmental assessment may be used to address one or more of these criteria.

Proposal Inconsistent with TSP/TPR. If the City determines that the proposed use or activity or its design is inconsistent with the TSP or TPR, then the applicant shall apply for and obtain a plan and/or zoning amendment prior to or in conjunction with conditional use permit approval. The applicant shall choose one of the following options:

Expiration. A conditional use permit for transportation system facilities and improvements shall be void after two years.

Purpose. Where drive-up or drive-through uses and facilities are allowed, they shall conform to all of the following standards, which are intended to calm traffic, provide for adequate vehicle queuing space, prevent automobile turning movement conflicts, and provide for pedestrian comfort and safety.

Standards. Drive-up and drive-through facilities (i.e., driveway queuing areas, customer service windows, teller machines, kiosks, drop-boxes, or similar facilities) shall meet all of the following standards:

For institutional development, open space may Include natural areas, outdoor athletic fields, planted areas and hardscapes such as plazas and playgrounds.

Pursuant to subsection M, the Planning Commission may adjust minimum parking requirements for institutional development based on a parking impact study provided by the applicant.

The Planning Commission may approve institutional buildings of up to 50 feet in height, provided that any portion of the structure that exceeds the base height of the zone must be set back a proportional distance (one foot increase in se back for each additional foot above the maximum height allowed in the base zone).

Pursuant to subsection M, the Planning Commission may adjust Chapters 16.120 and 16.136 standards through the PUD process.

Recreation Facilities. The Planning Commission or City Commission, as the case may be, may require that suitable area for parks or playgrounds be set aside, improved or permanently reserved for the owners, residents, employees or patrons of the development.

Common Areas. Whenever a common area is provided, the Planning or City Commission may require that an association of owners or tenants be created into a non-profit corporation under the laws of the State of Oregon, which shall adopt such articles of incorporation and by-laws and impose such declaration of covenants and restrictions on such common areas that are acceptable to the Planning Commission. Said association shall be formed and continued for the purpose of maintaining such common area. Such an association, if required, may undertake other functions. It shall be created in such a manner that owners of property shall automatically be members and shall be subject to assessment levied to maintain said common area for the purposes intended. The period of existence of such association shall be not less than 20 years and it shall continue thereafter and until a majority vote of the members shall terminate it. This provision does not apply to IMPs.

Easements. Easements necessary to the orderly extension of public utilities may be required as a condition of approval.

Proposed land uses and densities.

Location, dimensions and heights of structures.

Plan of open or common spaces.

Map showing existing features of site and topography.

Proposed method of utilities service and drainage.

Road and circulation plan, including off-street parking areas.

Relation of the proposed development to the surrounding area and the Comprehensive Plan.

Lot layout.

A schedule, if it is proposed that the final development plan will be executed in stages, including the schedule for providing public infrastructure improvements for all proposed phases.

Information deemed necessary by the Community Development Director.

Required application fee.

An IMP application shall Identify potential impacts of future institutional development within 500 feet of the institutional site and recommend effective mitigation measures. The IMP application shall address impacts related to transportation, natural hazards, significant streams and wetlands, coastal resources, public facilities (sanitary sewer, domestic water and stormwater drainage) and lighting.

There are special physical conditions or objectives of development which the proposal will satisfy to warrant a departure (if any) from the standard Code requirements.

Resulting development will not be inconsistent with the Comprehensive Plan provisions or zoning objectives of the area.

The proposed development will be in substantial harmony with, the surrounding area. Proposed institutional development shall demonstrate that impacts related to transportation, natural hazards, significant streams and wetlands, coastal resources, public facilities (sanitary sewer, domestic water and stormwater drainage) and lighting have been adequately identified and mitigated. If phasing is proposed, mitigation of impacts may be limited to those impacts associated with an individual phase at the time the phase is approved.

The plan can be completed within a reasonable period of time. An IMP may be approved for a period of up to 10 years and may include one or more phases. The Community Development Director may allow an extension of up to five additional years for good cause.

Any proposed commercial development can be justified economically.

The streets are adequate to support the anticipated traffic and the development will not overload the streets outside the planned area based on a traffic impact study consistent with Chapter 16.256. A traffic study will be valid for four years from the notice of decision, otherwise, a new traffic study shall be required to address unanticipated traffic impacts. However, the Transportation Planning Rule (OAR 660-012-060) does not apply to PUD applications that involve uses permitted outright or conditionally in the base zone. If phasing is proposed, mitigation of impacts may be limited to those impacts associated with an individual phase at the time the phase is approved.

Proposed utility and drainage facilities are adequate for the population densities and type of development proposed.

Contour map of the site showing at least two-foot contour intervals.

Grading plan for the site showing future contours if existing grade is to be changed more than two feet.

Existing and proposed utility lines (storm and sanitary sewer, gas, etc.).

Preliminary subdivision plat meeting the requirements of Section 16.216.040 if property is to be subdivided.

Location and dimensions of pedestrian ways, roads, malls, common open spaces, recreation areas and parks.

Location, dimensions and arrangement of automobile off-street parking spaces including width of aisles, spaces and other design criteria.

Preliminary architectural plans and elevations of typical structures.

Preliminary planting and landscaping plan for the site.

The applicant shall also submit drafts of appropriate deed restrictions or protective covenants to provide for the maintenance of common areas and to assure that the objectives of the planned unit development shall be followed.

Site design review;

Subdivisions and partitions;

Conditional uses;

Planned unit developments;

Variance;

Rezones; and

Conditions of approval on any of the above application types.

A change in land use;

An increase in the number of dwelling units;

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

An increase in the floor area proposed for nonresidential use by more than 10% where previously specified;

A reduction of more than five percent of the area reserved for common open space and/or usable open space;

A reduction to specified setback requirements by more than 20%, or to a degree that the minimum setback standards of the land use district cannot be met; or

Changes similar to those listed in subsections (A)(1) through (6) of this section, which are likely to have an adverse impact on adjoining properties.

Upon the Community Development Director's determining that the proposed modification is a major modification, the applicant shall submit an application for the major modification.

The modification request shall be subject to the same review procedure (Type II, III, or IV) and approval criteria used for the initial project approval; however, the review shall be limited in scope to the modification request. For example, a request to modify a parking lot shall require site design review only for the proposed parking lot and any changes to associated pathways, lighting and landscaping. Notice shall be provided in accordance with the applicable review procedure.

The proposed development is in compliance with all applicable requirements of the Development Code; and

The modification is not a major modification as defined in Section 16.228.030.

The Planning Commission shall make a recommendation to the City Commission on an application for a land use district map change which does not involve a Comprehensive Plan map amendment. The City Commission shall decide such application; and

The Planning Commission shall make a recommendation to the City Commission on an application for a Comprehensive Plan and/or map amendment. The City Commission shall decide such application; and

The Planning Commission shall make a recommendation to the City Commission on a rezone application, which also involves a Comprehensive Plan map amendment. The City Commission shall decide both applications.

Demonstration of compliance with all applicable Comprehensive Plan policies and map designations. Where this criterion cannot be met, a Comprehensive Plan amendment shall be a pre-requisite to approval.

Demonstration of compliance with all applicable standards and criteria of this Code, and other applicable implementing ordinances.

Evidence of change in the neighborhood, or community, or a mistake or inconsistency in the Comprehensive Plan or land use district map regarding the property which is the subject of the application; and the provisions of Section 16.232.060, as applicable.

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

Change the standards implementing a functional classification system; or

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

Reduce the level of service of the facility below the minimum acceptable level identified in the Transportation System Plan.

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

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

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

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

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

No parking will be utilized by customers and employees of the temporary use which is needed by the property owner to meet their minimum parking requirement under Chapter 16.128, Vehicle and Bicycle Parking;

The use provides adequate vision clearance, as required by Chapter 16.120, and shall not obstruct pedestrian access on public streets;

Ingress and egress are safe and adequate when combined with the other uses of the property; as required by Section 16.120.020, Vehicular Access and Circulation;

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

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

Temporary Sales Office.

Model House.

The temporary trailer or building shall be located within the boundaries of the parcel of land on which it is located;

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

Ingress and egress are safe and adequate when combined with the other uses of the property; as required by Section 16.120.020, Vehicular Access and Circulation;

There is adequate parking for the customers or users of the temporary use as required by Chapter 16.128, Bicycle and Vehicle Parking;

The use will not result in vehicular congestion on streets;

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

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

The building complies with applicable building codes;

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

The length of time that the temporary building will be used does not exceed six months. When a temporary building exceeds this time frame, the applicant shall be required to remove the building, or renew the temporary use permit.

Definitions.

Registration Required. No person shall operate as a temporary food vendor without first registering with the City of Warrenton. Registration shall be on forms provided by the City. All temporary food vendors shall be required to provide the following information:

Oregon Revised Statutes Chapter 624 requires all food service vendors to be licensed in advance of operation. In accordance with ORS 624.020, all food service venders shall display their license in clear view of the public during any food service. The following restaurant activities shall operate as set forth below:

All temporary food vendors cooking with propane shall obtain a Portable Propane Cooking Devices Permit from the Warrenton Fire and Rescue Department.

Standards of Operation.

Violation of this Section. Any temporary shelter, stand, vehicle, cart or sign in violation of this ordinance may be removed by the City Administrator or designee 24 hours after written notice is delivered to the vendor in person or five days after written notice is mailed to the address registered with the City.

Exemption. This section does not apply to non-public events. Non-public events include sporting events where only the participants, support staff, and invited guests are served food. This section does not apply to food carts placed within approved food pods in the C-1 zoning district.

The home occupation shall be restricted to lawfully-built enclosed structures and be conducted in such a manner as not to give an outward appearance of a business.

The home occupation shall not result in any structural alterations or additions to a structure that will change its primary use or building code occupancy classification.

The home occupation shall not violate any conditions of development approval (i.e., prior development permit approval).

No products and or equipment produced or used by the home occupation may be displayed to be visible from outside any structure.

Outside storage, visible from the public right-of-way or adjacent properties, is prohibited.

On-site storage of hazardous materials (including toxic, explosive, noxious, combustible or flammable) beyond those normally incidental to residential use is prohibited.

Storage of inventory or products and all other equipment, fixtures, and activities associated with the home occupation shall be allowed in any structure.

There shall be no outside paid employees.

Additional individuals may be employed by or associated with the home occupation, so long as they do not report to work or pick up/deliver at the home.

The home occupation site shall not be used as a headquarters for the assembly of employees for instruction or other purposes, including dispatch to other locations.

One commercially-licensed vehicle associated with the home occupation is allowed at the home occupation site. It shall be of a size that would not overhang into the public right-of-way when parked in the driveway or other location on the home occupation site.

There shall be no more than three commercial vehicle deliveries to or from the home occupation site daily. There shall be no commercial vehicle deliveries during the hours of 9:00 p.m. to 7:00 a.m.

There shall be no more than one client's or customer's vehicle at any one time and no more than eight per day at the home occupation site.

Any activity that produces radio or TV interference, noise, glare, vibration, smoke or odor beyond allowable levels as determined by local, state or federal standards, or that can be detected beyond the property line is prohibited.

Any activity involving on-site retail sales is prohibited, except that the sale of items that are incidental to a permitted home occupation is allowed. For example, the sale of lesson books or sheet music from music teachers, art or craft supplies from arts or crafts instructors, computer software from computer consultants, and similar incidental items for sale by home business are allowed subject to subsections A through F of this section.

Any uses described in this section or uses with similar objectionable impacts because of motor vehicle traffic, noise, glare, odor, dust, smoke or vibration, such as:

The home office shall be restricted to siting within a lawfully-built primary residence (not accessory structure) and shall be conducted in such a manner as to give no outward appearance of an office setting.

The home office shall not result in any structural alterations or additions to a structure that will change its primary use or building code occupancy classification.

The home occupation shall not violate any conditions of development approval (i.e., prior development permit approval).

The production of any materials (besides paperwork incidental to the office) is prohibited within a home office.

Equipment other than standard office equipment shall be prohibited within a home office.

Outside storage, visible from the public right-of-way or adjacent properties, is prohibited.

On-site storage of hazardous materials (including toxic, explosive, noxious, combustible or flammable) beyond those normally incidental to residential use is prohibited.

Storage of inventory or products incidental to the home office shall be allowed in any licensed home office.

Other than family members residing within the dwelling that contains a licensed home office, there shall be no outside employees, including subcontractors, at the home office at any time.

The home office shall never be used as a headquarters for the assembly of employees for instruction or other purposes, including dispatch to other locations.

There shall be no commercial vehicle deliveries to or from the home office at any time. Deliveries, if necessary, shall be coordinated off-site in a suitable location.

There shall be no more than one client's vehicle at the home office at any one time and no more than two vehicles per day at the home office site.

Any activity or use that meets the definition of a home occupation.

Any activity or use that does not meet the standards of this section.

Description of proposed development.

Size and location of proposed development (site plan required).

Base flood elevation at the site.

Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures.

Elevation to which floodproofing has occurred (if any).

Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 16.88.040.

Elevation in relation to mean sea level of floodproofing in any structure.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

FEMA/NFIP elevation certificate completed by a land surveyor, engineer, or architect who is authorized by law to certify elevation information (for all new structures and substantial improvements unless otherwise exempt from this requirement by state or federal law).

Review all building permits to determine that the permit requirements and conditions of this chapter have been satisfied.

Review all development permits to require that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required.

Review all development permits in the area of special flood hazard to determine if the proposed development adversely affects the flood carrying capacity of the area.

Where base flood elevation data is provided through a Flood Insurance Study, FIRM, or required as in this chapter, the Planning Director or their designee shall verify, obtain, and record the actual elevation (in relation to mean sea level) of the lowest flood (including basements and below-grade crawlspaces) of all new or substantially improved structures, and whether the structure contains a basement or not.

For all new or substantially improved floodproofed structures where base flood elevation data is provided through a Flood Insurance Study, FIRM, or as required in this chapter, the Planning Director or their designee shall:

The Planning Director or their designee shall maintain for public inspection all records pertaining to the provisions of this chapter.

In coastal high hazard areas, certification shall be obtained from a registered professional engineer or architect that the structure is securely anchored to adequately anchored pilings or columns to withstand velocity waters.

Notify adjacent communities, the Department of Land Conservation and Development, and other appropriate state and federal agencies prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration.

Require that a maintenance plan is provided within the altered or relocated portion of said watercourse which assures the flood carrying capacity is not diminished.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

All manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top and frame ties to ground anchors. (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques.)

A certificate signed by a registered architect or engineer which certifies that the anchoring system is in conformance with FEMA regulations shall be submitted prior to final inspection approval.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwater into the system.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwater into the systems and discharge from the systems into floodwaters.

On-site waste disposal systems shall be located to avoid impairment of them or contamination from them during flooding consistent with the Oregon Department of Environmental Quality (DEQ).

All manufactured dwelling park and subdivision proposals shall be consistent with the need to minimize flood damage.

All manufactured dwelling park and subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage.

All manufactured dwelling park and subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

Where base flood elevation data has not been provided or is not available from an authoritative source, it shall be generated for manufactured dwelling park and subdivision proposals and other proposed developments which contain at least 50 lots or five acres.

New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to a minimum of one foot above the base flood elevation.

Fully enclosed areas below the lowest floor that are subject to flooding are prohibited or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must be either certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to a minimum of one foot above the base flood elevation or, together with attendant utility and sanitary facilities, shall meet the following criteria:

Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level. For example, a building floodproofed to the base flood level will be rated as one foot below.

Critical Facilities. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the area of special flood hazard. Construction of new critical facilities shall be permissible within the area of special flood hazard if no feasible alternative site is available. Critical facilities constructed within the area of special flood hazard shall have the lowest floor elevated three feet above base flood elevation or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the base flood elevation shall be provided to all critical facilities to the extent possible.

All manufactured homes to be placed or substantially improved shall be elevated on a permanent foundation such that the finished floor of the manufactured home is elevated to a minimum 18 inches above the base flood elevation and securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement. Electrical crossover connections shall be a minimum of 12 inches above base flood elevation.

Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, and AE on the community's FIRM that are not subject to the above manufactured home provisions shall be elevated so that either:

Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

Meet the elevation and anchoring requirements for manufactured homes.

Temporary encroachments in the floodway for bridge construction and repair shall receive a temporary use permit prior to the issuance of a floodplain development permit or other applicable permits.

The temporary use permit shall state the number of days the structure or other development will be on the site. If a longer period is required, a new permit shall be issued.

A flood warning system for the project should be in place to allow equipment to be evacuated from the site and placed outside the floodplain.

Placement of equipment in the floodway should be restricted to only equipment which is necessary for the purposes of the project. All other accessory equipment and temporary structures (i.e., construction trailers) should be restricted from the floodway. Structures should be placed on site so that flood damage is minimized. Anchoring the construction trailers in case of evacuation is not practical.

All new construction and substantial improvements in Zones V1-V30 and VE (V if base flood elevation data is available) shall be elevated on pilings and columns so that:

A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this section.

Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures in Zones V1-V30, VE, and V, and whether such structures contain a basement or not. The Planning Director or their designee shall maintain a record of all such information.

All new construction shall be located landward of the reach of mean high tide.

Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood latticework, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:

If breakaway walls are utilized, such enclosed space shall be useable solely for parking vehicles, building access, or storage. Such space shall not be used for human habitation.

Prohibit the use of fill for structural support of buildings.

Prohibit man-made alteration of sand dunes which would increase potential flood damage.

Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level. As the lot size increases the technical justification required for issuing the variance increases.

Variances may be issued for the rehabilitation or restoration of structures listed on the National Register of Historic Places or the Statewide Inventory of Historic Properties without regard to the procedures set forth in this section provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Variances shall only be issued upon:

Variances as interpreted in the NFIP are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic, or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.

Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria and otherwise complies with general standards.

Danger that materials may be swept onto other lands to the injury of others;

Danger to life and property due to flooding or erosion damage;

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

Importance of the services provided by the proposed facility to the community;

Necessity to the facility of a waterfront location, where applicable;

Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

Compatibility of the proposed use with existing and anticipated development;

Relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;

Safety of access to the property in times of flood for ordinary and emergency vehicles;

Expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

Actions requiring federal permits or licenses.

Federal activities and development projects.

Outer continental shelf activities.

Federal grants or financial assistance.

Applicants for activities in Warrenton's coastal zone which require a federal permit or license shall submit to the Community Development Director a copy of the completed permit application, other supporting material provided to the permit granting agency, and a set of findings which demonstrate that the development would be consistent with the applicable elements of the Comprehensive Plan and this Code.

If the activity requires a local permit, the applicant shall apply for the local permit under the established permit program. Approval of the permit shall constitute a ruling that the action is consistent with the applicable elements of the Comprehensive Plan and Development Code. If the action does not require a local permit, the Community Development Director may make an investigation to provide information on the project's conformance with the Comprehensive Plan and Development Code standards and provisions. The investigation can be done administratively or through public hearings.

The Community Development Director shall respond to state or federal permit granting agency within seven working days of the local actions. The response shall contain a statement of whether the permit is consistent with the applicable elements of the Comprehensive Plan, the reasons development is or is not consistent, standards and conditions which apply if the permit is granted, and the need for local permits for developments associated with the activity.

Federal activities in the coastal zone are not subject to the established local permit procedures. Federal activities which directly affect the coastal zone of the City must be consistent, to the maximum extent practicable, with the coastal zone management program. The coastal zone management program includes the Comprehensive Plan and Development Code. The federal consistency determination is reviewed by the Oregon Department of Land Conservation and Development.

Consistency determinations for federal activities shall be reviewed for conformance with the mandatory enforceable policies of the Comprehensive Plan and Development Code. The review may be done administratively or through public hearings. The federal agency has the option of applying for a local permit to demonstrate consistency with the Comprehensive Plan and Development Code. The Community Development Director shall communicate concurrence or disagreement with the consistency determination, and recommendations on conditions of project approval, to the Oregon Department of Land Conservation Department within 21 days of receiving the notice for reviewing the federal consistency determination.

The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of architectural features.

The relative cost of proposed repairs and alterations should be considered. A property owner should not be forced to undertake alterations or repairs to protect a structure's historic value if such work would be unreasonably expensive.

The State Historic Preservation Office determines that the proposed action will not affect the archaeological site; or

The State Historic Preservation Office has developed a program for the preservation or excavation of the site and the implementation of that program is made a condition of approval for either the building permit or land use action, e.g., conditional use permit; or

The City has received no comment from the State Historic Preservation Office within 20 days of the date of written notification.

Paving over the site without disturbance of any human remains or cultural objects.

Redesigning the proposed construction or excavation so as to avoid disturbing the site.

Setting the site aside for non-impacting portions of the proposed development such as storage.

If permitted pursuant to the substantive and procedural requirements of ORS 97.750, contracting with a qualified archaeologist to excavate the site and remove any cultural objects and human remains, re-interring the human remains at the developer's expense.

An increase in site traffic volume generation by 300 average daily trips (ADT) or more; or

An increase in ADT hour volume of a particular movement to and from the state highway by 20% or more; or

An increase in use of adjacent streets by vehicles exceeding the 20,000 pound gross vehicle weights by 10 vehicles or more per day; or

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

A change in internal traffic patterns that may cause safety problems, such as back up onto the highway or traffic crashes in the approach area.

The City Commission shall review the record of the Planning Commission public hearing, their recommendation, and shall determine whether to approve, approve with conditions or modifications, or disapprove the feasibility of the proposed annexation in accordance with the criteria set forth in Section 16.260.040.

The City Commission may conduct additional public hearings.

The City Commission shall make findings and declare their decision in writing.

Acreage of property(ies) to be annexed.

Map and tax lot(s) number.

Existing land uses within annexation area.

Existing zoning within the annexation area.

Existing improvements: water, sewer, streets, storm drainage.

Special districts within the area: water districts, irrigation districts, fire districts, school districts, other.

Urban services, the present availability of urban service systems to the proposed annexation area, their capacity and cost of extension and/or improvement to urban standards: sanitary sewers, streets, parks; storm drainage, water; fire, power; schools, police.