7.164.010 Purpose. The purpose of this chapter is to establish procedures for limited land use decisions.

7.164.020 General policies.

A. A limited land use decision is a final decision or determination pertaining to a site within the urban growth boundary which concerns: (a) the approval or denial of a subdivision or partition; or (b) the approval or denial of an application based on discretionary standards designed to regulate the physical characteristics of a use permitted outright.

B. A limited land use decision shall be consistent with applicable provisions of the comprehensive plan and this Ordinance consistent with ORS 197.195(1).

C. Such decisions may include conditions authorized by law.

D. Approval or denial of a limited land use decision shall be based upon and accompanied by a brief statement that explains the criteria and standards considered relevant to the decision, states the facts relied upon in rendering the decision and explains the justification for the decision based on the criteria, standards and facts set forth.

7.164.030 Consolidation of proceedings.

A. Whenever an applicant requests more than one approval and more than one approval authority is required to decide the applications, the proceedings shall be consolidated so that one approval authority shall decide all applications in one proceeding.

B. The decision shall be made by the approval authority having original jurisdiction over one of the applications under Section 7.164.060 in the following order of preference:, the Planning Commission or the planning director.

C. Where there is a consolidation of proceedings:

1. The notice shall identify each action to be taken;

2. Separate actions shall be taken on each application.

3. In a consolidated proceeding, the staff report and recommendation provided by the planning director shall be consolidated into a single report.

C. Limited land use decisions that are consolidated with quasi judicial decisions shall be decided under the quasi judicial decision making process.

A. The applicant for a subdivision or site development review shall be required to meet with the Planning Director for a pre-application conference. Such a requirement may be waived in writing by the applicant.

B. At the pre-application conference, if conducted, the Planning Director shall:

1. Cite the applicable comprehensive plan policies and map designation;

2. Cite the applicable substantive and procedural ordinance provisions;

3. Provide available technical data and assistance which will aid the applicant as provided by the Public Works Director and City Engineer;

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

5. Identify other opportunities or constraints that relate to the application.

C. Another pre-application conference is required if an application is submitted six months after the pre-application conference.

D. Failure of the Planning Director to provide any of the information required by this chapter shall not constitute a waiver of the standards, criteria or requirements of the applications. Neither the City nor the Planning Director shall be liable for any incorrect information provided in the pre-application conferences.

E. Applications for approval required under this Ordinance may be initiated by application of a record owner of property or contract purchaser.

F. Any persons authorized by this Ordinance to submit an application for approval may be represented by an agent authorized in writing to make the application.

G. The application shall be made on forms provided by the City.

H. The application shall include:

1. The information requested on the application form;

2. Narrative addressing appropriate criteria in sufficient detail for review and action;

3. The required fee.

I. The Planning Director may require information in addition to that required by a specific provision of this Ordinance, provided the Planning Director determines this information is needed to properly evaluate the proposed development proposal; and the need can be justified on the basis of a special or unforeseen circumstance.

J. The Planning Director may waive the submission of information for a specific requirement provided the Planning Director finds that specific information is not necessary to properly evaluate the application; or the Planning Director finds that a specific approval standard is not applicable to the application.

K. An application shall be deemed incomplete unless it addresses each element required to be considered under applicable provisions of this Ordinance and the application form, unless that requirement has been waived by the Planning Director. The Planning Director shall not accept an incomplete application.

L. If an application is incomplete, the Planning Director shall notify the applicant in writing within thirty days of receipt of the application of exactly what information is missing; and allow the applicant 30 days to submit the missing information.

M. When the missing information is provided, the application shall be deemed complete and at that time the one hundred twenty-day time period shall begin.

N. If the applicant fails to submit the missing information, the application shall be deemed incomplete on the sixty first day after the Planning Director first received the application and shall be returned to the applicant.

7.164.050 Time period for decision making. The City shall take final action on an application for a limited land use decision including the resolution of all appeals within one hundred twenty days after the application is deemed complete, except:

A. The one hundred twenty-day period may be extended for a reasonable period of time at the request of the applicant; and

B. The one hundred twenty-day period applies only to a decision wholly within the authority and control of the City.

7.164.060 Approval authority responsibilities.

A. The Planning Director shall have the authority to approve, deny or approve with conditions the following applications:

1. Property line adjustments pursuant to Chapter 7.150.

2. Partitions pursuant to Chapter 7.152;

3. Accessory Dwelling Units pursuant to Chapter 7.112;

4. Subdivision Final Plats pursuant to Chapter 7.154.

5. Temporary uses pursuant to Chapter 110;

6. Extensions of time for applications previously approved under Chapter 7.164.Determination of parking requirements for unlisted uses;

7. Determination of visual clearance area pursuant to Chapter 7.98;

8. Determination of access, egress and circulation plan (not subject to Planning Commission approval) pursuant to public works design standards;

9. Signs pursuant to Chapter 7.102;

10. Type I home occupation pursuant to Chapter 7.104;

B. The Planning Commission shall have the authority to approve, deny or approve with conditions the following applications:

1. Subdivision Tentative Plats pursuant to Chapter 7.154;

2. Site development review pursuant to Chapter 7.120.

3. Temporary structures pursuant to Chapter 7.110.

C. The decision shall be based on the approval criteria set forth in Section 7.164.090.

7.164.070 Notice requirements.

A. No written notice is required for pending limited land use decisions by the planning director. Following the decision, written notice of the administrative decision shall be provided to owners of property adjacent to the entire contiguous site for which the application is made. The administrative decision shall be final 14 days following the date of mailing of the notice of administrative decision if no written comments are received.

B. Tentative subdivision plats and site development review shall require notice of the pending limited land use decision to owners of property within 100 feet of the entire contiguous site for which the application is made.

C. Tentative subdivision plats and site development review shall also require notice to be printed in the local newspaper at least fourteen days prior to the hearing clearly identifying the decision that is pending, stating that there is no public hearing and there is a fourteen-day period for public written comment regarding the pending limited land use decision and including the expiration date for receipt of written comments.

D. The property owner list shall be compiled from the most recent property tax assessment roll.

E. For purposes of review, this requirement shall be deemed met when the local government can provide an affidavit or other certification that such notice was given. Notice shall also be provided to any neighborhood or community organization recognized by the governing body and whose boundaries include the site.

F. Notices mailed to property owners shall include the following information:

1. A description of the subject property and a general location which shall include tax map designations from the county assessor's office;

2. A map showing the location of the subject property;

3. A description of what the application will allow the applicant to do and what the applicable criteria for the decision are;

4. State that a fourteen-day period for submission of written comments is provided prior to the decision;

5. State the place, date and time that the written comments are due;

6. State that copies of all documents or evidence relied upon by the applicant are available for review, the address where copies can be reviewed and that copies can be obtained at cost;

7. A statement that issues which may provide the basis for an appeal must be raised in writing during the comment period and comments must be sufficiently specific give the decision maker an opportunity to respond to the issue;

8. A statement that a limited land use decision does not require an interpretation or the exercise of policy or legal judgement, or a public hearing;

9. A statement that the applicant and any person who submits written comments during the fourteen-day period shall receive notice of the decision.

G. The failure of a property owner to receive notice shall not invalidate the action provided a good faith attempt was made to notify all persons entitled to notice.

H. Personal notice is deemed given when the notice is deposited with the United States Postal Service.

I. In computing the length of time that notice is given, the first date notice is given shall be excluded and the day of the hearing or the date on which the appeal period expires shall be included unless the last day falls on any legal holiday or on Saturday, in which case, the last day shall be the next business day.

J. The records of the Columbia County assessor's office shall be the official records used for giving notice required in this Ordinance, and a person's name and address which is not on file at the time the notice mailing list is initially prepared is not a person entitled to notice.

7.164.080 Decision procedure. The Planning Commission limited land use decision shall be conducted as follows:

A. Request the Planning Director to present the staff report, to explain any graphic or pictorial displays which are a part of the report, summarize the findings, recommendations and conditions, if any, and to provide such other information as may be requested by the approval authority;

B. Allow the applicant or a representative of the applicant discuss the application and respond to the staff report;

C. Request the Planning Director read all written comments into the record;

D. Allow the applicant to respond to all written comments;

E Make a decision pursuant to Section 7.164.090 or continue the decision to gather additional evidence or to consider the application further.

7.164.090 Standards for the Decision.

A. The decision shall be based on proof by the applicant that the application fully complies with:

1. The applicable provisions of the Columbia City Comprehensive Plan; and

2. The relevant approval standards in the applicable chapter(s) of this Ordinance and other applicable implementing ordinances;

B. Consideration may also be given to:

1. Proof of a substantial change in circumstances; and

2. Factual written statements from the parties, other persons and other governmental agencies relevant to the existing conditions, other applicable standards and criteria, possible negative or positive attributes of the proposal or factors in subsections (A) or (B)(1) of this section.

C. In all cases, the decision shall include findings of fact addressing all applicable criteria.

D. The decision may be for denial, approval or approval with conditions. Conditions may be imposed where such conditions are necessary to:

1. Carry out applicable provisions of the Columbia City Comprehensive plan;

2. Carry out the applicable implementing ordinances;

3. Ensure that adequate public services are provided to the development or to ensure that other required improvements are made;

4. Prior to the commencement of development, i.e., the issuance of any permits or the taking of any action under the approved development application, the owner and any contract purchasers of the property which is the subject of the approved application may be required to sign and deliver to the Planning Director their acknowledgment in a development agreement and consent to such conditions;

a. The Mayor shall have the authority to execute such development agreements on behalf of the City,

b. No building permit shall be issued for the use covered by the application until the executed contract is recorded in the county records, and

c. Such development agreements shall be enforceable against the signing parties, their heirs, successors and assigns by the City by appropriate action in law or suit in equity;

5. A bond in a form acceptable to the City or a cash deposit from the property owners or contract purchasers for the full amount as will ensure compliance with the conditions imposed may be required. Such bond or deposit shall be posted prior to the issuance of a building permit for the use covered by the application.

E. The final decision on the application may grant less than all of the parcel which is the subject of the application.

7.164.100 Notice of decision.

A. All limited land use decisions require a notice of decision.

B. The applicant and any person who submits written comments during the fourteen-day period shall be entitled to receive the notice of decision.

C. The notice of decision shall include:

1. A brief summary of the decision;

2. A statement of where the adopted findings of fact, decision and statement of conditions can be obtained;

3. The date the final decision was made; and

4. A statement of whether a party to the proceeding may seek appeal of the decision, as appropriate.

D. The staff report and notice of decision for limited land use decisions by the Planning Director may be combined as one document.

7.164.110 Record of proceeding. The record shall include:

A. A copy of the application and all supporting information, plans, exhibits, graphics, etc.;

B. All testimony, evidence and correspondence relating to the application;

C. All information considered by the approval authority in making the decision;

D. The staff report of the Planning Director;

E. A list of the conditions, if any are attached to the approval of the application; and

F. A copy of the notice advising of the decision which was given pursuant to Section 7.164.100 and accompanying affidavits, and a list of all persons who were given mailed notice.

7.164.120 Appeal.

A. Standing to Appeal. Any person shall be considered a party to a matter, thus having standing to seek appeal, provided the person submitted written comments to the approval authority during the fourteen-day period prior to the decision or the person was entitled as of right to notice prior to the decision to be reviewed.

B. Computation of Appeal Period.

1. The length of the appeal period shall be 7 municipal business days from the date of the decision.

2. In computing the length of the appeal period, the day of the decision is mailed shall be excluded and the last day for filing the appeal shall be included unless the last day falls on a legal holiday for the City or on a Saturday, in which case, the last day shall be the next business day.

C. Determination of Appropriate Appeal Body.

1. Any decision made by the Planning Director under this chapter may be reviewed by the Planning Commission by:

a. The filing of a notice of appeal and payment of required fees by any party to the decision by five p.m. on the last day of the appeal period;

b. The Council or Planning Commission, on its own motion, seeking appeal by voice vote prior to the end of the appeal period; or

2. Any decision made by the Planning Commission under this chapter, may be reviewed by the Council by

a. The filing of a notice of appeal and payment of required fees by any party to the decision before five p.m. on the last day of the appeal period;

b. The Council or Planning Commission, on its own motion, seeking appeal by voice vote prior to the end of the appeal period; or

D.  The notice of appeal shall be filed within the appeal period and contain:

1.  Aeference to the application sought to be appealed;

2. A statement of the petitioner's standing to the appeal;

4.  The date of the decision on the action;

5.  The applicable fees.

E.  The appeal hearing shall be confined to the prior record.

F.  Upon appeal, notice shall be given to parties who are entitled to notice under Section 7.164.070.

G.  The appellate authority shall affirm, reverse or modify the decision which is the subject of the appeal; however, the decision shall be made in accordance with the provisions of Section 7.164.090; or upon the written consent of all parties to extend the one hundred twenty-day limit, the appellate authority may remand the matter if it is satisfied that testimony or other evidence could not have been presented or was not available at the time of the initial decision. In deciding to remand the matter, the appellate authority shall consider and make findings and conclusions regarding:

1. The prejudice to parties;

2. The convenience or availability of evidence at the time of the initial hearing;

3. The surprise to opposing parties;

4. The date notice was given to other parties as to an attempt to admit; or

5. The competency, relevancy and materiality of the proposed testimony or other evidence.

Modification and Revocation of Approvals. The approval authority may modify or revoke any approval granted pursuant to this chapter for any of the following reasons:

A. A material misrepresentation or mistake of fact made by the applicant in the application or in testimony and evidence submitted, whether such misrepresentation be intentional or unintentional;

B. A failure to comply with the terms and conditions of approval;

C. A material misrepresentation or mistake of fact or policy by the City in the written or oral report regarding the matter whether such misrepresentation be intentional or unintentional.

7.164.130 Denial of the application--Re-submittal. An application which has been denied or an application which was denied and which on appeal has not been reversed by a higher authority, including the land use board of appeals, the land conservation and development commission or the courts, may not be resubmitted for the same or a substantially similar proposal or for the same or substantially similar action for a period of at least twelve months from the date the final City action is made denying the application unless there is a substantial change in the facts or a change in City policy which would change the outcome.

A. Approval under Chapter 7.164, Limited Land Use Decision, shall be effective for a period of one year from the date of approval.

B. The approval for a property line adjustment, partition or subdivision shall lapse if a property line adjustment map or final plat has not been submitted within a one-year period and/or the property line adjustment map or final plat does not substantially conform to the approved tentative plan.

C All other limited land use approvals shall lapse if substantial construction of the approved plan has not been completed within a one year period and/or construction on the site is a departure from the approved plan.

D. The Planning Director may, upon written request by the applicant, grant an extension of the approval period not to exceed one year; provided, that:

1. No changes are made on the original approve tentative plan;

2. The applicant has expressed written intent of submitting a final plat within the one-year extension period; and

3. There have been no changes to the applicable comprehensive plan policies and ordinance provisions on which the approval was based.

E. Written notice of the decision regarding an extension of time shall be provided to the applicant.

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