Ordinance No. 90-41 CITY OF TIGARD, OREGON
ORDINANCE NO. 90-_C.U-
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE ORDINANCE
AMENDMENT (ZOA 90-0003) INITIATED BY THE CITY OF TIGARD.
WHEREAS, the City of Tigard initiated the review of Title 18 of the Tigard
Municipal Code regarding procedural requirements, care facilities, partitions,
lot line adjustments and a variety of Code corrections; and
WHEREAS, the City solicited comments from the Planning Commission; and
WHEREAS, the Tigard City Council held a public hearing on the proposed changes
on August 27, 1990 and November b, 1990 to review the Planning Commission
recommendations as well as public testimony.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Title 18 of the Tigard Municipal Code is amended as shown in
Exhibits "A", "B", and "C" with the deleted language in [brackets]
and the new language underlined.
SECTION 2: This ordinance shall be effective on and after the 31st day after
its passage by Council, and approval by the Mayor.
PASSED: By O/7AM✓n U US vote of all Council members present after
E11
- being read by number and title only, this JZ_day of Noxembar,
1990. b.zc
Cather a Wheat Gy, City Reco er
APPROVED: This d of , 199 ?
ald R. Edwar , Mayor
A roved as to far
Jff
C t b
Datd'/
ZOA 90-03.ORD/kl
ORDINANCE NO. ^7 ( PAGE 1
Exhibit A
Chapter 18.32
PROCEDURES FOR DECISION MAKING: QUASI-JUDICIAL
Sections:
18.32.010 Purpose
18.32.020 The Application Process
18.32.030 Time Period for Decision Making
18.32.040 Preapplication Conference Required
18.32.050 Application Submittal Requirements: Refusal of an Application
18.32.060 Duties of the Director
18.32.070 Alternative Recommendation by Director
18.32.080 Additional Information Required, Waiver of Requirements and Report
Required
18.32.090 Approval Authority Responsibilities
18.32.100 ConsolidLkcion of Proceedings
18.32.110 A Decision by the Director: No Hearing Required
18.32.120 Notice of Decision by the Director
18.32.130 Notice of Hearings officer, Commission and City Council Proceedings
18.32.140 Contents of the Notice for Public Hearings
18.32.150 Failure to Receive Notice: Computations
18.32.160 Hearings Procedure
18.32.170 Ex Parte Communications with Approval Authority
18.32.180 continuation of the Hearing
18.32.190 Subpoena or Deposition of Witnesses
18.32.200 Evidence
(4 18.32.210 Judicial Notice
18.32.220 Participation in the Decision: Voting
18.32.230 Record of Proceeding for Public Hearings
[18.32.240 Effective Date of the Decision]
18.32.250 The Decision Process of the Approval Authority
18.32.260 The Form of the Final Decision
18.32.270 Notice of Final Decision
18.32.275 Amended Decision Process
18.32.280 Denial of the Application: Resubmittal
18.32.290 Standing to Appeal or for a Petition for Review
18.32.300 Computation of Appeal Period and Effective Date of the Decision [:
Petition for Review Time Period]
18.32.310 [Decisions which may be Appealed or Reviewed] Determination of
ApR opriate Reviewin4 Body
18.32.320 Type of Appeal or Review Hearing: Limitations of Review
18.32.330 Transcripts
18.32.340 Notice of Appeal or Petition for Review
18.32.345 Fee Waiver [Allowed for Neighborhood Planning Organizations] for
Appeals
18.32.350 Persons Entitled to Notice on Appeal or Review: Type of Notice
18.32.360 Contents of Notice on Appeal or Review
18.32.370 Action on Appeal or Review: Time Limit and Authority to Change the
Decision
18.32.380 Final Action of the Approval Authority: Effective Date
18.32.390 Revocation of Approvals
DRAFT REVISIONS - CC - 11/19/90 PAGE 1
18.32.010 Purpose
A. The purpose of this chapter is to establish
p procedures under this title
for the consideration of development applications, for the consideration
of quasi-judicial comprehensive plan amendments and for appeal or review
of decisions. (Ord. 89-06; Ord. 83-52)
18.32.020 The Anplication Process
A. Applications for approval required under this chapter may be initiated
by:
1. Order of Council;
2. Resolution of a majority of the Commission;
3. The Director; or
4. A neighborhood planning organization or City of Tigard advisory
no7rd or commission; or
15) A. Application of a recorded owner of property or contract purchasers.
B. Any persons authorized by this title to submit an application for
approval may be represented by an agent authorized in writing to make
the application. (Ord. 89-06; Ord. 83-52)
18.32.030 Time Period for Decision Makina
A. The City shall take final action on an application for a permit or a
zone change, including the resolution of all appeals within 120 days
after the application is deemed complete, except:
1. The 120-day period may be extended for a reasonable period of time
at the request of the applicant;
2. The 120-day period applies only to a decision wholly within the
authority and control of the City; and
3. The 120-day period does not apply to an amendment to an
acknowledged comprehensive plan or land use regulation. (Ord. 89-
06; Ord. 83-52)
18.32.040 Preapalication Conference Required
A. The applicant shall be required to meet with the Director for a
preapplication conference.
B. At such conference, the Director shall:
1. Cite the applicable comprehensive plan policies and map
designation;
DRAFT REVISIONS - CC - 11/19/90 PAGE 2
2. Cite the applicable substantive and procedural ordinance
provisions]
3. Provide technical data and assistance which will aid the applicant]
4. Identify other policies and regulations that relate to the
application; and
S. Identify other opportunities or constraints that relate to the
application.
C. Due to possible changes in state statutes, or regional or local policy,
information given by staff to the applicant during the preapplication
conference is valid for not more than six months.
1. Another preapplication conference is required if an application is
submitted six months after the preapplication conference.
D. Failure of the 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. (Ord. 89-06; Ord. 83-52)
18-32.050 Application Submittal Requirements• Refusal of an Application
A. The application shall be made on forms provided by the Director as
provided by Subsection 18.32.060.A.1.
B. The application shall:
1. Include the information requested on the application form;
2. Address appropriate criteria in sufficient detail for review and
action;
3. Be accompanied by the required fee; and
4. Include a list of names and addresses of all persons who are
surrounding property owners of record [within 250 feet of the site)
as required by the specific application section of this title.
The records of the Washington County Department of Assessment and
Taxation shall be the official records for determining ownership.
C. The Director shall not accept:
1. An incomplete application, except as otherwise provided by Section
18.32.080; or
2. Applications not accompanied by the required fee.
D. An application shall be deemed incomplete unless it addresses each
element required to be considered under applicable provisions of this
code and the application form.
DRAFT REVISIONS - CC - 11/19/90 PAGE 3
E. If an application for a permit or zone change is incomplete, the
Direc�or shall;
1. Notify the applicant within 30 days of receipt of the application
of exactly what information is missing; and
2. Allow the applicant to submit the missing information.
F. The application for a permit or a zone change shall be deemed complete
when the missing information is provided and at that time the 120-day
time period shall begin to run for the purposes of satisfying state law.
G. if the applicant refuses to submit the missing information required for
a permit or a zone change application, the application shall be deemed
complete on the 31st day after the Director first received the
application. This in no way negates the applicant's burden of proof,
but it is for the purpose of allowing an application to be submitted for
hearing. (Ord. 89-06; Ord. 83-52)
18.32.055 Applicant's Evidence
A. All documents or evidence relied upon by the applicant but jubmitted
after the application has been determined to be complete, _shall be
submitted to the Planning Division staff at least 7 days prior to the
time notice is mailed as provided in Subsection 18 32.130.A(1).
B. When documents or evidence submitted pursuant to Subsection A. above,
+
significantly alter an application previously deemed complete, the
Director may recalculate the date the application is 6L:�emed complete.
The recalculated completion date may then be used to determine:
1. The 120 day time period for decision makina as set forth in Section
18.32.030, and
2. A new decision or hearina date.
C. If additional documents or evidence is provided in support of the
c application after the time set forth in Subsection A, above, any party
is entitled to reCrUeat a continuance of the hearing. Such continuance
does not count as part of the 120 day provision in ORS 227.178.
18.32.060 Duties of the Director
A. The Director shall:
1. Prepare application forms made pursuant to the standards contained
in the applicable state law, comprehensive plan, and implementing
ordinance provisions;
2. Accept all development applications which comply with the
provisions of Section 18.32.050;
DRAFT REVISIONS - CC -- 11/19/90 PAGE 4
3. Within 60 days after an application is deemed complete pursuant to
this chapter, except as provided by Section 18.32.110 (A Decision
by the Director: No Hearing Required);
a. Give notice as provided by Sections 18.32.130 and 18.32.140
except as provided by Section 18.32.120;
b. Prepare a staff report or notice of decision which shall
include:
(t) The facts deemed relevant to the proposal and found by
the Director to be true;
(ii) until the city's comprehensive plan is acknowledged,
those statewide planning goals deemed to be applicable
and the reasons why any other goal is not applicable to
the proposal. The Director or approval authority need
not deal with statewide planning goals 15-19, which are
not applicable in Tigard;
(iii) Those portions of the Tigard comprehensive plan and
implementing ordinances which the Director deems to be
applicable to the proposal. If any portion of the plan
or ordinances appear to be reasonably related to the
proposal and are deemed not applicable by the Director,
the Director shall explain why such portion or portions
are not applicable;
(` (iv) An analysis relating the facts deemed true by the
Director to the applicable criteria and a consideration
of alternatives open to the approval authority, resulting
in a recommendation of denial, approval, or approval with
conditions under Section 18.32.250; and
(v) A statement regarding a waiver of information or
additional information required by the Director as
provided by Section 18.32.0801
[c. Make the staff report and all case-file materials available:]
[(i) At the time that notice of the decision of the
Director is given; and]
[(ii) at least five days prior to a scheduled hearing
date;]
c. In the case of an application subject to a Director's
decision make the staff report and all case-file materials
available at the time the notice of the decision is Given;
d. In the case of an application subject to a hearing, make the
staff report available 7 days prior to a scheduled hearing
DRAFT REVISIONS - CC - 11/19/90 PAGE 5
date and the case-file materials available when notice is
mailed, as provided by Section 18.32.130(A)(1).
[d] e. Act on the development application pursuant to Subsection
18.32.090.A and Section 18.32.110 or cause a hearing to be
held pursuant to Subsections 18.32.090.8 through D and
Sections 18.32.160 through 18.32.230 and Section 18.32.240,
unless the applicant has requested or consented to a delay;
4. Administer the hearings process pursuant to Sections 18.32.130
through 18.32.190 and Section 18.32.200;
5. Maintain a register of all applications which have been filed for a
decision. The register shall identify at what stage the
application is in the process;
6. File notice of the final decision in the records of the Planning
Division and mail a copy of the notice of the final decision to the
applicant and all parties and to those persons requesting copies of
such notices who pay the necessary fees therefor as provided by
Sections 18.32.120 or 18.32.130;
7. Maintain and preserve the file for each application. The file
shall include, as applicable, a list of persons required to be
given notice and a copy of the notice given pursuant to Section
18.32.120 or 18.32.130 and the accompanying affidavits, the
application and all supporting information, the staff report, the
final decision, including the findings, conclusions and conditions,
if any, all correspondence, the minutes of any meeting at which the
application was considered and any other exhibit, information or
documentation which was considered by the hearing body with
respect to the application; and
8. Administer the appeals and review process pursuant to Sections
18.32.290 through 18.32.370. (Ord. 89-06; Ord. 84-69; Ord. 83-52)
18.32.070 Alternative Recommendation by Director
A. The Director shall make a recommendation to the initial hearings body on
the application; however, in addition, the Director may recommend an
alternative or alternatives.
B. Such alternatives shall be considered only if:
1. Notice of such alternative(s) has been given as part of the hearing
notice in addition to the matters contained in Section 18.32.140;
and
2. The staff report prepared as provided by Subsection
18.32.060.A.3.b supports such an alternative(s). (Ord. 89-06;
Ord. 83-52)
DRAFT REVISIONS - CC - 11/19/90 PAGE 6
1
18 32 080 Additional Information Required Waiver of Requirements and Report
Required
A. The Director may require information in addition to that required by a
specific provision of this title, provided:
1. The information is needed to properly evaluate the proposed
development proposal; and
2. The need can be justified on the basis of a special or unforeseen
circumstance.
H. The Director may waive the submission of information for a specific
requirement subject to the provisions of subsection (C) of this section,
provided:
1. The Director finds that specific information is not necessary to
properly evaluate the application; or
2. The Director finds that a specific approval standard is not
applicable to the application.
C. Where a requirement is found by the Director to be inapplicable the
Director shall:
1. [Prepare a memorandum to] Indicate for the record and to the
7" applicant [citing the grant of authority,] the specific
{ requirements waived [and the reasons];
2. Advise the applicant in writing that the waiver may be challenged
on appeal or at the hearing on the matter and may be denied by the
approval authority; and
3. Cite in the staff report on the application the specific
requirements waived, the reasons for the waiver and the specific
grant of authority. (Ord. 89-06; Ord. 83-52)
18 32 090 Approval Authority Responsibilities
A. The Director shall have the authority to approve, deny, or approve with
conditions the following applications:
1. Minor partition pursuant to Chapter 18.162;
2. Major partition pursuant to Chapter 18.162;
3. Site development pursuant to Chapter 18.120;
4. Temporary use pursuant to chapter 18.140;
5. Home occupation pursuant to Chapter 18.142;
6. Minor modification to approved planned developments;
DRAFT REVISIONS- CC - 11/19/90 PAGE 7
7. Variance pursuant to Chapter 18.134, with the exception of Sian
Code Variances pursuant to Chapter 18.114;
8. Accessory uses and structures pursuant to Chapter 18.144;
9. Flexible setback standards for developed lots pursuant to Chapter
18.146;
10. Zero lot line setback standards pursuant to Chapter 18.148;
11. A detailed planned development proposal, under Chapters 18.80 and
18.120;
12. Determination of parking requirements for unlisted uses pursuant
to Subsection 18.106.020.C; [and)
13. Tree removal permits[.); and
14. Director's In'cerpretations.
B. The Director may referan application for review to the Planninn
Commiesion or the Hearings officer, depending upon the type of
application, as determined by Section 18.32.090.
[B) C. The Hearings Officer shall conduct a public hearing in the manner
prescribed by this chapter and shall have the authority to approve,
deny, or approve with conditions the following development applications:
1. Conditional use pursuant to Chapter 18.130;
2. Sensitive land permit within the floodplain pursuant to Subsections
18.84.015.B.1 and B.2;
3. Historic overlay district amendments pursuant to Chapter 18.82; and
4. Subdivisions pursuant to Chapter 18.160 when not part of a planned
development [and/or no variance to Title 18 standards is
requested.)
5. Sign Code exceptions and sign code variances pursuant to Chapter
18.114.
6. An anneal of a sensitive lands (steep slope, drainageways) decision
made by the Director pursuant to Subsections 18.84.015.D and E.
7. An appeal of a sign permit decision or administrative exception
made by the Director pursuant to Subsections 18.114.030.D and E or
Section 18.114.148, rea2gotivel .
[C] D. The Commission shall conduct a public hearing in the manner
prescribed by this chapter and shall have the authority to approve,
DRAFT REVISIONS - CC - 11/19/90 PAGE 8
deny, or approve with conditions the following development
applications:
1. Subdivisions pursuant to Chapter 18.160 when requested as part of a
planned development [and/or in conjunction with a variance to the
subdivision standards or a variance to any Title 18 requirement);
2. A quasi-judicial comprehensive plan map amendment except:
a. The commission's function shall be limited to a recommendation
to the Council;
b. The Commission may transmit their recommendation in any form
and a final order need not be formally adopted; and
C. The Council hearing shall be confined to the prior record and
a final order shall be formally adopted;
3. A quasi-judicial zoning map amendment pursuant to Section 18.22.030
except where the zone change application is being heard concurrent
with a quasi-judicial plan amendment. In such a situation this
zone change shall be decided in the same manner as a quasi-judicial
plan amendment;
4. A development application referred to the Commission by the
Director with the exception of sensitive lands decisions and sign
permits;
--- 5. An appeal of a decision made by the Director under Subsection
18.32.310.A of this section;
6. A conceptual planned development proposal under Chapter 18.80;
r
7. Interpretations of the Tigard comprehensive plan or the adopted
community development code, if requested by the Director or other
interested persons;
B. Any other matter not specifically assigned to the Director, the
Hearings officer, or City Council under this title;
9. The preliminary review of plan designations and formal imposition
of zoning district designations made to lands annexed to the City;
[10. Appeal,of sign permits pursuant to Chapter 18.114;1
[11. Sign code exceptions pursuant to Chapter 18.114;]
[12. Variances to subdivision standards;] and
[13] 10. Recommendations to the City Council on annexations.
DRAFT REVISIONS - CC - 11/19/90 PAGE 9
ED] E. The City Council shall conduct a public hearing in the manner prescribed
by this chapter and shall have the authority to approve, deny, or
approve with conditions the following development applications:
1. The formal imposition of plan designations made to lands annexed to
the City;
2. Matters referred to the Council by the Commission or Hearings
Officer for review under Subsection 18.32.310.8.3;
3. Review of decisions of the initial hearings body, whether on the
Council's own motion or otherwise, as provided by Subsections
18.32.310.B.1 and 2;
4. Quasi-judicial plan amendments; and
S. Resolutions to the boundary Commission for annexations and quasi-
judicial zoning designations on property to be annexed. (Ord. 89-
06; Ord. 86-43; Ord. 85-32; Ord. 84-69; Ord. 84-09; Ord. 83--52)
18.32.100 Consolidation of Proceedings
A. Except as provided in subsection D of this section, 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. In such cases as stated in subsection A of this section, the hearings
shall be held by the approval authority having original jurisdiction
over one of the applications under Section 18.32.090, in the following
order of preference: the Council, the Commission, the Hearings
Officer, or the Director.
C. Plan map amendments are not subject to the 120-day decision making
period prescribed by state law and such amendments may involve complex
issues; therefore, the Director shall not be required to consolidate a
plan map amendment and a zone change or other permit applications
requested unless the applicant requests the proceedings
to be consolidated and signs a waiver of the 120-day time limit
prescribed by state law for zone change and permit applications.
D. Where there is a consolidation of proceedings:
1. The notice shall identify each action to be taken;
2. The decision on a plan map amendment shall precede the decision on
the proposed zone change and other actions; and,
3. Separate actions shall be taken on each application. (Ord. 89-06; x
Ord. 83-52)
DRAFT REVISIONS - CC 11/19/90 PAGE 10
x
18.32.110 A Decision by the Director: No Hearing Required
A. Pursuant to Subsection 18.32.090.A, the Director is authorized to make
certain decisions, and no hearing shall be held unless an appeal is
filed as provided by Subsection B of this section, or unless:
1. An appeal is filed pursuant to Subsection 18.32.310.A; or
2. The Director has an interest in the outcome of the decision, due to
some past or present involvement with the applicant, other
interested persons or in the property or surrounding property. In
such cases, the application shall be treated as if it were filed
under Subsection 18.32.090.0.
B. The decision shall be in the form set forth in Section 18.32.120.
C. The decision shall be based on the approval criteria set forth in
Section 18.32.250.
D. Notice of the decision by the Director shall be given as provided by
Section 18.32.120 and notice shall be governed by the provisions of
Section 18.32.140, Contents of Notice, and Section 18.32.150, Failure to
Receive Notice.
E. The record shall include:
1. A copy of the application and all supporting information, plans,
exhibits, graphics, etc.;
2. All correspondence relating to the application;
3. All information considered by the Director in making the decision;
4. The staff report of the Director prepared under Subsection
18.32.060.A.3.b;
S. A list of the conditions, if any are attached to the approval of
the application; and
6. A copy of the notice advising of the Director's decision which was
given pursuant to Section 18.32.090, and accompanying affidavits,
and a list of all persons who were given mailed notice.
F. Standing to appeal shall be as provided by Section 18.32.290.
G. The appeal period shall be computed as provided by Section 18.32.300.
H. The method for taking the appeal shall be as provided by Subsection
18.32.310.A and the notice of appeal submitted by an appellant shall be
as provided by Section 18.32.340.
I. The hearing shall be confined to the prior record as provided by
Subsection 18.32.320.A.
'i
DRAFT REVISIONS - CC - 11/19/90 PAGE 11
J. Notice of the final decision on appeal shall be as provided by Section
18.32.270, Notice of Final Decision, and Section 18.32.260, The Form of
the Final Decision,
K. No decision by the Director may be modified from that set out in the
notice except upon being given new notice.
L. The action on the appeal shall be as provided by Section 18.32.370,
Action on Appeal or Review.
M. A decision by the Commission on an appeal of a Director's decision is
final.
N. Resubmittal shall be as provided by Section 18.32.280, Denial of
Application: Resubmittal.
0. The provisions of Section 18.32.390, Revocation of Approvals apply to a
decision by the Director. (Ord. 89-06; Ord. 83-52)
18.32.120 Notice of Decision by the Director
A. Notice of the Director's decision on an application pursuant to
Subsection 18.32.090.A shall be given by the Director in the following
manner:
1. Within five days of signing the proposed decision, notice shall be
sent by mail tG:
a. The applicant and all owners or contract purchasers of record
of the property which is the subject of the application;
b. All surrounding property owners of record of property within
250 feet of the property for the following types of Director's
decisions:
(i) Minor Land Partitions;
H ii) Lot Line Adjustments;]
jiiL Site Development Reviews;
((iv) Administrative Variances;] and
((w)] (iii) Sensitive Lands (steep slope, drainageway);
l
C. All owners of record of property immediately abutting a site
subject to the following types of director's decisions:
(i) Temporary Uses;
Home Occupations; (and]
DRAFT REVISIONS - CC - 11/19/90 PAGE 12
j
r
(iii) Flexible Setback Variances;
jiv) Lot Line Adiustments, and
�y () Administrative Variances.
d. The a plicant for a Director's Interpretation or a Director's
Recision rec;ardina an extension of approval!
e. The affected neighborhood planning organization, if active;
f. Any governmental agency which is entitled to notice under an
intergovernmental agreement entered into with the City which
includes provision for such notice; and
g. Any person who requests, in writing, and pays the required fee
established by the Council.
2. Within [five] 10 days of signing the decision, the Director shall
post a copy of each notice of decision at City Hall; and
3. [Within five days of signing the decision,] N(nlotice shall be
published in a local newspaper of general circulation for site
design review, major land partitions, and minor land partitions a
minimum of 10 days prior to the date the decision becomes final.
Newspaper notice is not required for other decisions by the
Director.
B. The Director shall cause an affidavit of mailing, posting and
publication of notice where newspaper publication was required in
Subsecti-on A.1 of this section to be filed and made a part of the
administrative record.
C. Notice of a decision by the Director shall contains
1. The nature of the application in sufficient detail to apprise
persons entitled to notice of the applicant's proposal and of the
decision;
2. The address and legal description of the subject property, with the
exception of Director's Interpretations;
3. A statement of where the adopted findings of fact, decision and
statement of conditions can be obtained;
4. The date the Director's decision will become final;
5. A statement that a person entitled to notice or adversely affected
or aggrieved by the decision may appeal the decisions
a. The statement shall explain briefly how an appeal can be
taken, the deadlines and where information can be obtained;
and
DRAFT REVISIONS - CC - 11/19/90 PAGE 13
;
b. The statement shall explain that if an appeal is not filed,
the decision shall be final, except for notice published in
the newspaper;
6. A map showing the location of the property (Director's
Interpretations are exempt from this reguirementLi and
7t� 7. A statement that the hearing on an appeal will be confined to the
prior record. (Ord. 89-06; Ord. 86-08; Ord. 84-61; Ord. 83-52)
18.32.130 Notice of Hearings Officer, Commission, and City Council
Proceedings
A. Notice of an impending action pursuant to Subsections 18.32.090.5, C,
and D shall be given by the Director in the following manner:
1. At least (10) 20 days prior to the scheduled hearing date, or if
two or more hearinas are scheduled 10 dave prior to the first
he_arina, notice shall be sent by mail to:
a. The applicant and all owners or contract purchasers of record
of the property which is the subject of the application;
b. All property owners of record within 250 feet of the property
for the following types of applications:
(i) Subdivisions;
a
(ii) Sign Code Exceptions;
(iii) Administrative Sign Variances;
(iv) Sensitive Lands Permits (100-year floodplain);
(v) Conditional Use Permits; and
(vi) Planned Developments;
(vii) Comprehensive Plan Amendments;
(viii) Zone Changes;
(ix) Zone ordinance Amendments;
C. Any affected governmental agency which has entered into an
intergovernmental agreement with the City which includes
provision for such notice;
d. The affected neighborhood planning organization, if active;
e. Any person who requests, in writing, and pays a fee
established by the Council; and
1 DRAFT REVISIONS - CC - 11/19/90 PAGE 14
f. The appellant and all parties to an appeal or petition for
review; and
2. The Director shall cause an affidavit of mailing of .r1tice to be
filed and made a part of the administrative record.
H. At least 10 days prior to the hearing, notice shall be given in a
newspaper of general circulation in the City. An affidavit of
publication shall be made part of the administrative record. (Ord. 89-
06; Ord. 83-52)
18.32.140 Contents of the Notice for Public Hearings
A. Notice given to persons entitled to mailed or published notice pursuant
to Section 18.32.130 shall include the following information:
1. The number and title of the file containing the application and the
address and phone number of the Director's office where additional
information can be obtained;
2. A description of the subject property, reasonably calculated to
give notice as to its actual location which shall include, but not
be limited to, the metes and bounds description or the tax map
designations of the [applicable) County assessor's office;
3. Except for notice published in the newspaper, a map showing the
location of the property;
" 4. The nature of the application in sufficient detail to apprise
persons entitled to notice of the application's proposal; and
5. The time, place and date of the public hearing, a statement that
both public oral and written testimony is invited, and a statement
that the hearing will be held under this chapter and any rules of
procedure adopted by the Council and available at City Hall. (Ord.
89-06; Ord. 83-52)
S. When the proceeding is an initial evidentiary hearing before the
�t Hearings Officer_,_, the Planning Commission. or the City Council the
following information shall be included in the mailed notice, in
addition to the information required pursuant to Subsection A. above:
1. A list of applicable criteria from ordinance and plan;
2. A statement that failure to raise an issue in the hearing, in
person o*.- by letter, or failure to provide sufficient specific
detail to give the decision maker or hearing body an opportunity to
respond to the issue, precludes appeal to the Land Use Hoard of
Anneals on that issued
3. A statement that all documents in the file are available for
inspection at no cost, or copies_ at a_ reasonable cast;_
DRAFT REVISIONS - CC - 11/19/90 PAGE 15
4. A statement that a copy of the staff report will be available for
inspection at no coati or copies at reasonable cost, at least 7
days prior to the hearing;
18.32.150 Failure to Receive Notice: Computations
A. 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.
B. Personal notice is deemed given when the notice is deposited with the
United States Postal Service, and published notice is deemed given on
the date it is published.
C. The records of the Washington County assessor's office shall be the
official records used for giving notice required by the ordinances
codified in this title, 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 under Sections 18.32.120 and 18.32.130.
D. 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 or, review 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. (Ord. 89-06; Ord.
83-52)
18.32.160 Hearings Procedure
A. Unless otherwise provided by the rules of procedure adopted by the
Council, the approval authority shall have the authority to conduct a
public hearing, and:
1. Determine who qualifies as a party;
2. Regulate the course, sequence and decorum of the hearing;
3. Dispose of procedural requirements or similar matters;
4. Rule on offers of proof and relevancy of evidence and testimony;
5. Impose reasonable limitations on the number of witnesses heard and
set reasonable time limits for oral presentation and rebuttal
testimony;
6. Take such other action appropriate for conduct commensurate with
the nature of the hearing; and
7. Approve or deny applications or approve with conditions pursuant to
Section 18.32.250.
DRAFT REVISIONS - CC - 11/19/90 PAGE 16
i
1
B. Unless otherwise provided in the rules of procedure adopted by the
Council, the approval authority shall conduct the hearing as follows:
1. Announce the nature and purpose of the hearing and summarize the
rules of conducting the hearing[;],_ and, if the Proceeding is an
_initial _evidentiary hearing before the Hearings Officer, the
Planning Commission, or the City Council make a statement that:
a. Lists the applicable substantive criteria;,
b. States that testimony and evidence must be directed toward the
criteria described in Paragraph (a) of this subsection, or to
the other criteria in the Comprehensive Plan or the Code which
the person believes apply to the decision;
C. States that failure to raise an issue with sufficient
specificity to afford the decision-maker and the _oar_ties_ an
ooRportunity to respond to the issue Precludes appeal to the
Land Use Board of Appeals on that issue.
2. Recognize parties;
3. Request the 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;
4. Allow the applicant or a representative of the applicant to be
heard;
5. Allow parties or witnesses in favor of the applicant's proposal to
be heard;
6. Allow parties or witnesses in opposition to the applicant's
proposal to be heard;
7. Upon failure of any party to appear, the approval authority shall
take into consideration written material submitted by such party;
8. Allow the parties in favor of the proposal to offer rebuttal
evidence and testimony limited to rebuttal of points raised. New
testimony will not be heard;
9. Conclude the hearing by announcing officially the public hearing is
closed; and
10. Make a decision pursuant to Section 18.32.250 or take the matter
under advisement pursuant to Section 18.32.180.
{ DRAFT REVISIONS - CC - 11/19/90 PAGE 17
C. Unless otherwise provided in the rules of procedures adopted by the
Council, the following rules shall apply to the general conduct of the
hearing:
1. The approval authority may ask questions at any time before the
close of the hearing, and the answers shall be limited to the
substance of the question;
2. Parties or the Director must receive approval from the approving
authority to submit questions directly to other parties or
witnesses or the Director;
3. A reasonable amount of time shall be given to persons to respond to
questions;
4. No person shall testify without first receiving recognition from
the approval authority and stating his full name and address;
5. The approval authority may require that testimony be under oath or
affirmation;
6. Audience demonstrations such as applause, cheering and display of
signs, or other conduct disruptive of the hearing shall not be
permitted. Any such conduct may be cause for immediate suspension
of the hearing; and
7. No person shall be disorderly, abusive, or disruptive of the
orderly conduct of the hearing. (Ord. 89-06; Ord. 83-52)
18 32 165 Record Mav Remain Oven- Admission of New Evidence
A. Unless there is a continuance the'record shall remain open for at least
7 days at the request of anv participant in the initial evidentiary
hearing before the Hearinas Officer. the Planning Commission, or the
City Council if the request is made prior to the conclusion of the
hearing.
B. When the record is left open to admit new evidence, testimonv, or
criteria for decision-making, anv person may raise new issues which
relate to that new material.
18 32 170 Ex Parte Communications with Approval_Authority
A. Members of the approval authority shall not:
1. Communicate, directly or indirectly, with any party or
representative of a party in connection with any issue involved
except upon giving notice and opportunity for all parties to
participate; nor
2. Take notice of any communication, report or other materials outside
the record prepared by the proponents or opponents in connection
DRAFT REVISIONS - CC - 11/19/90 PAGE 18
with the particular case unless the parties are afforded an
opportunity to contest the material so noticed.
B. No decision or action of the Commission or Council shall be invalid due
to an ex parts contact or bias resulting from an ex parte contact with a
member of the decision making body, if the member of the decision making
body receiving the contacts
1. Places on the record the substance of any written or oral ex parts
communications concerning the decision or action; and
2. Makes a public announcement of the content of the communication and
of the parties, right to rebut the substance of the communication
made at the first hearing following the communication where action
will be considered or taken on the subject to which the
communication related.
C. Members of the Commission shall be governed by the provisions of Oregon
Revised Statute 227.035 and the provisions of this section.
D. This section shall not apply to Director decisions made under Subsection
18.32.090.A.
E. A communication between the City staff and the Commission or Hearings
Officer or Council shall not be considered an ex parte contact.
F. Subsection (B) of this section does not apply to an ex parte contact
with a Hearings officer. (Ord. 89-06; Ord. 83-52)
k-
18.32.180 Continuation of the Hearing
A. An approval authority may continue the hearing from time to time to
gather additional evidence, to consider the application fully or to give
notice to additional persons.
B. Unless otherwise provided by the approval authority, no additional
notice need be given of the continued hearing if the matter is continued
to a date, time, and place certain. (Ord. 89-06; Ord. 83-52)
18.32.190 Subpoena or Deposition of Witnesses
A. Any party to an appeal or petition for review who wishes to subpoena or
depose witnesses may do so by application to the Director not less than
seven days prior to the hearing and a showing that the witness resides
in Oregon, is unable or unwilling to appear and the testimony is
material and relevant.
B. Upon approval by the Director, application for subpoenas or depositions
shall be made after proper completion and payment of those fees
applicable to civil cases, to the Washington County circuit court.
(Ord. 89-06; Ord. 83-52)
DRAFT REVISIONS - CC - 11/19/90 PAGE 19
18.32.200 Evidence
A. All evidence offered and not objected to may be received unless excluded
by the approval authority on its own motion..
B. Evidence received at any hearing shall be of a quality that reasonable
persons rely upon in the conducting of their everyday affairs.
C. No person shall present irrelevant, immaterial, or unduly repetitious
testimony or evidence.
D. Evidence shall be received and notice may be taken of those facts in a
manner similar to that provided for in contested cases before state
administrative agencies pursuant to Oregon Revised Statute 183.450,
except as otherwise provided for in this title.
E. Formal rules of evidence, as used in courts of law, shall not apply.
(Ord. 89-06; Ord. 83-52)
18.32.210 Judicial Notice
A. The approval authority may take notice of the following:
1. All facts which are judicially noticeable. Such noticed facts
shall be stated and made part of the record;
2. The statewide planning goals adopted pursuant to Oregon Revised
Statutes Chapter 197; and
S .
3. The comprehensive plan and other officially adopted plans,
implementing ordinances, rules and regulations of the City of
Tigard, and the comprehensive plans and implementing ordinances of
other planning authorities within the Metropolitan Service District
boundary.
B. Matters judicially noticed need not be established by evidence and may
be considered by the approval authority in the determination of the
application. (Ord. 89-06; Ord. 83-52)
18.32.220 Participation in the Decision: Voting
A. In addition to the provision of Oregon Revised Statute 227.035 which
applies to Commission members or Oregon Revised Statutes Chapter 244
which applies to all n;embers of an approval authority, each member of
the approval authority shall be impartial. Any member having any
substantial past or present involvement with the applicant, other
interested persons, the property or surrounding property, or having a
financial interest in the outcome of the proceeding, or having any
prehearing contacts, shall state for the record the nature of ::heir
Involvement or contacts, and shall either:
DRAFT REVISIONS - CC - 11/19/90 PAGE 20
I. State that they are not prejudiced by the involvement or contacts
Yand will participate and vote on the matter; or
2. State that they are prejudiced by the involvement or contact and
will withdraw from participation in the matter.
B. An affirmative vote by a majority of the qualified voting members of the
approval authority who are present is required to approve, approve with
conditions, or deny an application or to amend, modify, or reverse a
decision on appeal or review.
C. Notwithstanding Subsections A and B of this section, no member of an
approval authority having a financial interest in the outcome of an
application shall take part in proceedings on that application;
provided, however, with respect to the Council only, a member may vote
upon a finding of necessity which shall be placed on the record by the
presiding officer.
D. Only those qualified members who have reviewed the entire record shall
vote.
S. In the event of a tie, the decision which is the subject of appeal or
review shall stand. (Ord. 89-06; Ord. 83-52)
18.32.230 Record of Proceeding for Public Hearings
A. A verbatim record of the proceeding shall be made by stenographic or
mechanical means, and:
i 1. It shall not be necessary to transcribe testimony except as
provided for in Subsection 18.32.330.A; and
2. The minutes or transcript of testimony, or other evidence of the
proceedings, shall be part of the record.
B. All exhibits received shall be marked so as to provide identification
upon review.
C. The official record shall include:
1. All materials, pleadings, memoranda, stipulations and motions
submitted by any party to the proceeding and recorded or considered
by the approval authority as evidence;
2. All materials submitted by the Director to the approval authority
with respect to the application including in the case of an appeal
taken pursuant to Subsection 18.32.290.A the record of the
Directors decision as provided by Section 18.32.110;
3. The transcript of the hearing, if requested by the Council or a
party, or the minutes of the hearing, or other evidence of the
proceedings before the approval authority;
DRAFT REVISIONS - CC - 11/19/90 PAGE 21
F.
4. The written findings, conclusions, decision and, if any, conditions
of approval of the approval authority;
5. Argument by the parties or their legal representatives permitted
pursuant to Section 18.32.320 at the time of review before the
Council;
6. All correspondence relating to the application; and t
7. A copy of the notice which was given as provided by Section
18.32.130, accompanying affidavits and list of persons who were
sent mailed notice. (Ord. 89-06; Ord. 83-52)
[18.32.240 Effective Date of the Decision]
[A. A decision by the Director shall become effective on the tenth day after
notice is published in a newspaper of general circulation in the City as
provided in Subsection 18.32.120.A.3 unless an appeal is taken pursuant
to Subsection 18.32.290.A.]
[8. A decision made by an initial hearings authority, other than the
Director, shall become effective on the tenth day from the date notice
of the final decision is mailed pursuant to Section 18.32.260 unless a
petition for review is filed as provided by Subsection 18.32.290.8.]
[C. A final decision by the Commission in the case of an appeal of a
Director's decision, or a final decision by the Council in the case of a
# petition for review of a Commission or Hearings Officer decision, shall
be final on the tenth day from the date notice of the final decision is
mailed pursuant to Section 18.32.260. (Ord. 89-06; Ord. 83-52))
18.32.250 The Decision Process of the Approval Authority
A. The decision shall be based on:
1. Proof by the applicant that the application fully complies with:
a. The City of Tigard comprehensive plan; and
b. The relevant approval standards found i.-i the applicable
chapter(s) of this title or other applicable implementing
ordinances;
2. The standards and criteria that were applicable at the time the
application was [first submitted] determined to be comD?.ete at such
C time as the City's plan and applicable ordinances are
acknowledged.
DRAFT REVISIONS - CC - 11/19/90 PAGE 22
B. Consideration may also be given to:
1. Proof of a change in the neighborhood or community or a mistake in
the comprehensive plan or zoning map as it relates to the property
which is the subject of the development application; and
2. Factual oral testimony or 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. If an application for a permit or a zone change was incomplete when
first submitted and the applicant submits the requested additional
information within 180 days of the date the application was first
submitted, the approval, approval with conditions, or denial shall be
based upon the standards and criteria that were applicable at the time
the application was first submitted.]
[D] C. In all cases, the decision shall include a statement in a form
addressing the requirements of Subsection 18.32.060.A.3.b which refers
to the Director's staff report.
(E) D. The approval authority may:
1. Adopt findings and conclusions contained in the staff report;
` 2. Adopt findings and conclusions of a lower approval authority;
3. Adopt its own findings and conclusions;
4. Adopt findings and conclusions submitted by any party provided
all parties have had an opportunity to review the findings and
comment on the same; or
5. Adopt findings and conclusions from another source, either
with or without modification, having made a tentative
decision, and having directed staff to prepare findings for
review and to provide an opportunity for all parties to
comment on the same.
(F] E. The decision may be for denial, approval, or approval with
conditions, pursuant to subsection 2 of this section.
1. Conditions may be imposed where such conditions are necessary
to:
a. Carry out applicable provisions of the Tigard
comprehensive plan;
DRAFT REVISIONS - CC - 11/19/90 PAGE 23
F-
3'•
b. Carry out the applicable implementing ordinances; and {
C. Mnsure that adequate public services are provided to the
development or to ensure that other required improvements
are made;
2. Conditions may include, but are not limited to;
a. Minimum lot sizes;
b. Larger setbacks;
C. Preservation of significant natural features; and
d. Dedication of easements;
3. Conditions of approval shall be fulfilled within the time
limit set forth in the decision or, if no time limit is set
forth, within one year. Failure to fulfill any condition of
approval within the time limitations provided may be grounds
for revocation of approval, after notice and an opportunity to
be heard as an administrative action;
4. Changes, alterations or amendments to the substance of the x
conditions of approval shall be processed as a new
administrativ-3 action;
S. 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, [shall] may be required to sign and a
deliver to the Director their acknowledgment and consent to
such conditions; f
6. The conditional approval may require the owner of the property
to sign within a time certain or, if no time is designated,
within a reasonable time, a contract with the City for
enforcement of the conditions and:
a. The Council shall have the authority to execute such
contracts on behalf of the City;
b. If a contract is required by a conditional approval, no
building permit shall be issued for the use covered by 75
the application until the executed contract is recorded
in a real property record of the applicable County and
filed in the County records; and
C. Such contracts shall be enforceable against the signing je
parties, their heirs, successors and assigns by the City
tF DRAFT REVISIONS - CC - 11/19/90 PAGE 24 :
by appropriate action in law or suit in equity for the
benefit of public health, safety, and welfare; and
7. A bond in a form acceptable to the Director or, upon appeal or
review by the appropriate approval authority, a cash deposit
from the property owners or contract purchasers in such an
amount as will ensure compliance with the conditions imposed
pursuant to the Section, 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.
[G] F. The final decision on the application may grant less than all
of the parcel which is/ the subject of the application. (Ord.
89-06; Ord. 83-52)
18.32.260 The Form of the Final Decision
A. The final decision shall be a decision which is in writing and which has
been:
1. Signed by the Director,` in the case of a final decision by the
Director, and filed as a final decision within 10 calendar days
unless extended pursuant to Subsection 18.32.240.D;
2. Formally adopted and signed by the chairperson of the approving
authority other than the Director, and filed with the Director
within 10 calendar days of the formal adoption of the decision; or
3. Formally adopted by the Council, and signed by the Mayor and filed
with the Director and the City Recorder within 10 calendar days of
the formal adoption of the decision.
B. The final decision shall be filed in the records of the Director within
10 calendar days after the decision is signed, and notice thereof shall
be mailed to the applicant and all parties to the action, and shall be
available to members of the Council.
C. Notice of a final decision shall contain:
1. A statement that all required notices under Section 18.32.130 have
been met;
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 filed; and
4. A statement of whether a party to the proceeding may seek review of
the decision, as appropriate, to wit:
a. In the case of a final decision by the Council, the statement
shall explain that this decision is final and how review may
be heard by a higher authority; or
t DRAFT REVISIONS - CC - 11/19/90 PAGE 25
b. In the case of a final decision by the Hearings Officer or
Commission, the statement shall explain briefly how a review
can be taken to the Council pursuant to Subsection
18.32.310.8, the deadlines, and where information can be
obtained. (Ord. 89-06; Ord. 84-69; Ord. 83-52)
18.32.270 Notice of Final Decision
A. Notice of the final decision shall be mailed to the applicant and to all
the ties to the decision and shall be made available to the members
parties
Council. Or 89-06 Ord. 83-52
e n d.
of the Cou )
i
18.32.275 Amended Decision Process
A. The Director may issue an amended decision after the notice of final
decision has been issued and prior to the end of the 10-day appeal
period.
B. A request for an amended decision shall be in writing, accompanied with
the appropriate fee and filed with the Director not more than eight days
after the notice of final decision has been filed.
C. A request for an amended decision may be filed by:
1. The neighborhood planning organization affected by the initial
decision;
2. The City Council;
3. The Commission;
4. An employee of the City's planning staff;
5. Any party entitled to notice of the original decision; or
6. Any party who submitted comments in writing on the original
decision.
D. The amended decision process shall be limited to one time for each
original application.
E. The Director shall make the determination as to issuance of an amended
decision based on findings that one or more of the following conditions
exist:
1. An error or omission was made on the original notice of final
decision;
2. The original decision was based on incorrect information; and
DRAFT REVISIONS - CC - 11/19/90 PAGE 26
3. New information becomes available during the appeal period which
was not available when the decision was made which alters the facts
or conditions in the original decision.
F. An amended decision shall be processed in accordance with Section,
18.32.120 of this title. (Ord. 89-06; Ord. 84-61; Ord. 84-31)
18.32.280 Denial of the Application: Resubmittal
A. An application which has been denied or an application which was denied
and which on appeal or review 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 12 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. (Ord. 89-06; Ord. 83-52)
18.32.290 Standing to Appeal or for a Petition for Review
A. In the case of a decision by the Director, any person entitled to notice
of the decision under Section 18.32.120 or any person who is adversely
affected or aggrieved by the decision, may file a notice of appeal as
provided by Section 18.32.340.
B. In the case of a decision by the Hearings Officer or the Commission,
except for a decision on an appeal of the Director's decision, any
person shall be considered a party to a matter, thus having standing to
seek review, provided:
1. The person appeared before the Commission or Hearings Officer
orally or in writing and:
a. The person was entitled as of right to notice and hearing
prior to the decision to be reviewed; or
b. The person is aggrieved or has interests adversely affected by
the decision. (Ord. 89-06; Ord. 83-52
[18.32.300 Computation of Appeal Period: Petition for Review Time Period)
18.32.300 Computation of Appeal Period and Effective Date of the Decision
A. In computing the length of the appeal period and the effective date for
a Director's decision, the day the notice is published in the newspaper
shall be excluded and the last day for filing the appeal and the
effective date, the tenth day, 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. The Director may extend
the appeal period and the effective date to the day following a Council
meeting when the computed appeal period would not otherwise provide an
DRAFT REVISIONS - CC - 11/19/90 PAGE 27
opportunity for interested parties to appear before Council regarding
the decision. The anneal Period thus computed shall not be areater than
20 days. Notice published in the neWBpapsr shall be in accordance with
Subsection 18.32.120.A.3.
B. In computing the length of the [petition for review period] appeal
period and effective date, the day that notice of the decision is mailed
shall be excluded and the last day for filing the petition or review
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. The Director may grant an extension of the appeal period and effective
date on a Director's decision for a reasonable time only if requested by
the applicant and in the condition where no appeal has been filed to
that dates except as described in (A), above. (Ord. 89-06; Ord. 84-69;
Ord. 83-52)
[18.32.310 Decisions which may be Appealed or Reviewed]
[A. Any decision by the Director made pursuant to Subsection 18.32.090.A may
be appealed to the appropriate approval authority as provided in Section
18.32.110 and the approval authority's decision shall be final. An
appeal shall be taken by:]
[1. The filing of a notice to appeal, as provided by Section 18.32.340,
by any person entitled to notice under Section 18.32.120, by the
close of the City business day within 10 days after notice of the
decision is published in a newspaper of general circulation as
provided by Subsection 18.32.120.A; or]
[2. The Commission or Council, on its own motion, seeks to hear the
matter by voice vote within ten days of the publication of the
notice as provided by Subsection 18.32.240.A.)
18.32.310 Determination of ADDropriate Reviewing Body
A. All appeals of decisions or interpretations made by the Director may be
appealed to the Planning Commission or Hearings Officer pursuant to
Subsection 18.32.090, except:
1. The Council may, on its own motion, seek to hear the matter by
voice vote prior to the effective date of the notice of decision.
B. Any decision made by any other approval authority under Subsections
18.32.090.8 or C may be reviewed by the Council by:
1. The filing of a notice of review as provided by Section 18.32.340
by any party to the decision by [the close of the City business day
within 10 days of the sending] 3:30 p.m. on the effective date of
the notice of [final] decision;
DRAFT REVISIONS- CC -� 11/19/90 PAGE 28
2. The Council or Commission, on its own motion, seek(s)ing review by
voice vote [within 10 days of mailed notice of the final decision]
prior to the effective date of the notice of decision; or
3. Referral of a matter under Subsection 18.32.090.D by the initial
hearings body to the Council, upon closure of the hearing, when the
case presents a policy issue which requires Council deliberation
and determination, in which case the Council shall decide the
application.
C. Failure to file an appeal or petition for review shall be deemed a
failure to exhaust administrative remedies. It is the purpose of this
section to provide the parties every remedy possible. The filing of an
appeal or petition for review is a condition precedent to litigation.
(Ord. 89-06; Ord. 86-36; Ord. 84-29; Ord. 83-52)
18.32.320 _Type of Appeal or Review Hearing: Limitations of Review
A. The appeal of a decision made by the Director under Subsection
18.32.090.A and Section 18.32.110 shall be confined to the prior record
and conducted as if brought under Subsections 18.32.090.E or C.
E. The review of a decision by the Commission or Hearings officer by the
Council shall be:
1. Confined to the record of the proceedings [as provided in Section
18.32.320 and] unless Council determines the admission of
additional evidence is appropriates. Each member of the reviewing
+ body shall be provided with a transcript of the proceeding on
appeal],"
2. Limited to the grounds relied upon in the notice of review as
provided in Subsection 18.32.340.A, and conducted in accordance
with the provisions of Sections 18.32.160 through 18.32.260 and
Section 18.32.310;
3. The subject of written and oral argument. Such written argument
` shall be submitted not less than five days prior to Council
consideration; and
4. Reviews on the record by Council of Hearings officer or Commission
decisions shall be completed within 40 days of when the notice of
review is filed. (Ord. 89-06; Ord. 84-69; Ord. 83-52)
18.32.330 Transcripts
A. [Within 20 days after the filing of the notice of review,] if a
transcript is requested by any party, the City shall provide each
Council member, the applicant and the neighborhood planning organization
(if requested), -a copy of the complete transcript of the hearing and a
copy of the minutes.
4 DRAFT REVISIONS - CC - 11/19/90 PAGE 29
B. The appellant or any party_who is the first to request a transcript
''. shall be responsible to satisfy all costs incurred for preparation of
the transcript at a rate of actual costs up to $500 and one-half costs
for any amount incurred over $500. Payment shall be made in full at
least five days prior to the hearing.
C. Any `other) party other than the appellant or the first party to request
a transcript (requesting a copy of the transcript] shall be charged the
actual copy costs. (Ord. 89-06; Ord. 84-69; Ord. 84-09; Ord. 83-52)
18.32.340 Notice of Appeal or Petition for Review
A. The notice of appeal or petition for review shall contain:
1. A reference to the application sought to be appealed or reviewed;
2. A statement as to how the petitioner qualifies as a party;
3. The specific grounds for the appeal or review; and
4. The date of the filing of the final decision on the action or, in
the case of a decision by the Director, the date the decision was
filed and the date notice of the final or proposed decision was
given.
B. The appeal or review application shall be accompanied by the required
fee except as allowed under Section 18.32.345. (Ord. 89-06; Ord. 85-45;
Ord. 83-52)
18.32.345 Fee Waiver Allowed for Neighborhood Planning Organizations] for
Appeals
A. Fees for land use applications and applications for appeal or review of
a land use decision shall be waived for applications filed by a
neighborhood planning organization (NPO) if all of the following
conditions are met:
1. The appeal or land use application must have been supported by a
majority vote of NPO members at a public meeting where a quorum of
NPO members was present;
2. A copy of the minutes of the NPO meeting where the appeal or land
use application was initiated must be submitted with the appeal or
land use application;
3. The appeal or application will be considered valid when conditions
(1) and (2) of this section are met and all other filing
requirements are met; and
4. The NPO chairperson or designated representative shall appear at
the next available City Council meeting after the application or
appeal is €iled. The NPO shall work through the Planning Division
to schedule the item on a Council agenda. Should the Council deny
DRAFT REVISIONS - CC - 11/19/90 Page 30
the NPO request for a fee waiver, the NPO shall submit the required
fee within three working days of the denial. The fee shall be
filed by three p.m. on the third day. (Ord. 89-06; Ord. 85-45)
B. Council may on its own motion and by voice vote, waive the appeal fee
for other parties,_ when appropriate.
18 32 350 Persons Entitled to Notice on Appeal or Review: Type of Notice
A. Upon appeal or review, notice shall be given to parties entitled to
notice under Sections 18.32.130 and 18.32.290. (Ord. 89-06; Ord. 84-
71; Ord. 84-61; Ord. 83-52)
18.32.360 Contents of Notice on Appeal or Review
A. Notice shall include those matters provided by Section 18.32.140. (Ord.
89-06; Ord. 83-52)
18 32 370 Action on Appeal or Review: Time Limit and Authoritv to Chanoe the
Decision -i
A. The approval 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 18.32.250; or
B. Upon the written consent of all partiee is extend the 120-day limit, the
approval authority may remand the matter if it is satisfied that
testimony or other evidence could n6. have been presented or was not
available at the time of the hearing. In dsciding to remand the matter,
the approval authority shall consider ane 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
S. The competency, relevancy and materiality of the proposed testimony
or other evidence. (Ord. 89-06; Ord. 84-61; Ord. 83-52)
18.32.380 Final Action of the Approval Authority; Effective Date
A. Action by the approval authority on appeal or review shall be known as a
final order which shall be effective on the day of mailing notice of the
final order.
DRAFT REVISIONS - CC - 11/19/90 PAGE 31
B. Within 10 days of the filing of the final order of Council, the Director
` shall give notice of the final order to all parties to the proceeding,
informing them of the date of filing, the decision rendered, and where a
copy may be found. (Ord. 89-06; Ord. 84-69; Ord. 84-61; Ord. 83-52)
18.32.390 Revocation of M rovals
A. The hearings authority may, after a hearing conducted pursuant to this
chapter, modify or revoke any approval granted pursuant to this chapter
for any of the following reasons:
1. 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;
2. A failure to comply with the terms and conditions of approval;
3. A failure to use the premises in accordance with the terms of the
approval; or
4. 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.
B. In the case of a decision made by the Director, the hearing on whether
to modify or revoke an approval shall be held by the Commission.
` C. A. petition for review may be filed in the same manner as provided by
Subsection 18.32.310.B. (Ord. 89-06; Ord. 83-52)
3 DRAFT REVISIONS - CC 11/19/90 PAGE 32 `
N
a
e
EXHIBIT B
Chapter 18.162
LAND DIVISION: MAJOR AND MINOR LAND PARTITIONING --
LOT LINE ADJUSTMENT
Sections:
18.162.010 Purpose
18.162.020 Partition Review Required
18.162.030 Administration and Approval Process
18.162.035 Expiration of Approval - Standards for Extension of Time
18.162.040 Partition Approval Criteria
[18.162.045 Expiration of Approval - Standards for Extension of Time]
18.162.050 Special Provisions for Lots Created through Partition Process
18.162.060 Lot Line Adjustments: Approval Standards
18.162.070 Preliminary Application Submission Requirements
18.162.080 Final Application Submission Requirements - Minor Land
Partition
18.162.085 Final Application Submittal Requirements - Lot Line
Adjustment
18.162.090 Additional Information Required and Waiver of Requirements
18.162.100 City Council Acceptance of Dedicated Land
18.162.110 Centerline Monumentation: Monument Box Requirements
18.162.120 Recording of Partitions, Lot Line Adjustments
18.162.130 Variances to Standards
18.162.010 Purpose
A. The purpose of this chapter is to provide rules, regulations, and
standards governing approval of major and minor land partitions and lot
line adjustments. (Ord. 89-06; Ord. 83-52)
18.162.020 Partition Review Required
A. A major land partition review is required when a division of land
[(three lots or less)] creates a street or road,within one calendar year.
B. A minor land partition review is required when three lots or [less] fewer
are created without the creation of a street or road, within one calendar
year.
C. A lot line adjustment is any adjustment to a property line [which does
not create an additional lot of record nor make the existing lots in
violation of the base zone minimum lot requirements. (Ord. 89-06; Ord.
83-52)] by the relocation of a common boundary where an additional parcel
of land is not created.
18.162.030 Administration and Approval Process
A. The applicant of a partition or lot line adjustment proposal shall be the
recorded owner of the property or an agent authorized in writing by the
DRAFT - November 15, 1990 PAGE 1
owner.
B. Any application for a major or minor land partition or lot line
adjustment shall be in conformity with all state regulations set forth in
ORS Chapter 92, Subdivision and Partitions.
C. No lot or_parcel to be created through the partitioning process shall be
sold until approval and filing of the final partition plat
D. [C) When partitioning tracts into large (lots) arp cels, the Director shall
require that the [lots] parcels be of such size and shape to facilitate
[the] future repartitioning of such [lot) BaEcels in accordance with the
requirements of the zoning district and this title.
E[D]. The applicant is required to meet with the Director for a
preapplication conference in accordance with Section 18.32.030:
1. Another preapplication conference is required if an [any site
development] application is submitted more than six months after the
preapplication conference; and
2. Failure of the Director to provide any of the information required
by this section shall not constitute a waiver of the standard,
criteria, or requirements of the applications.
F(E]. The Director shall mail notice of any land partition [or lot line
adjustment] application decision to the applicant, the owner of the
subject Property,and to all owners of record of property within 250 feet
of the subject property.
G. The Director shall mail notice of any lot line adjustment approval to
the owners of the parcels involved in the proposal and to the owners of
abutting properties.
!![Fl. The Director shall approve, approve with conditions or deny an
application. The Director shall apply the standards set forth in
Section 18.162.[030] 040 when reviewing an application for a major or
minor partition or the standards in Section 18.162.060 when reviewing an
application for a lot line adjustment.
I[G). The decision of the Director may be appealed in accordance with
Subsection 18.32.310.A. (Ord. 89-06; Ord. 84-29; Ord. 83-52)
NOTE: THE FOLLOWING SECTION IS PROPOSED TO BE RELOCATED FROM 18.162.045
18.162.035 Expiration of Approval - Standards for Extension of Time
A. The partition or lot line adjustment approval by the Director shall be
effective for a period of one-and-one-half years from the date of
t approval.
B. The partition or lot line adjustment approval by the Director shall
DRAFT - November 15,1990 PAGE 2
lapse if;
1. The partition or lot line adjustment has been improperly recorded
with Washington County without the satisfactory completion of all
conditions attached to the approval;
2. The final recording is a departure from the approved plan.
C. The Director shall, upon written request by the applicant and payment of
the required fee, grant an extension of the approval period not to
exceed one year provided that:
1. No changes are made on the original plan as approved by the
Director;
2. The applicant can show intent of [initiating construction of the
site] recording the approved partition or lot line adjustment within
the one year extension period; and
3. There have been no changes in the [facts or] applicable
Comprehensive Plan policies and ordinance provisions on which the
approval was based.
D. Notice of the decision shall be provided to the applicant. The
Director's decision may be appealed as provided by Section 18.32.310.A.
18.162.040 Partition Approval Criteria
A. A request to partition land shall meet all of the following criteria:
1. The proposal conforms with the City's comprehensive plan;
2. The proposed partition complies with all statutory and ordinance
requirements and regulations;
3. Adequate public facilities are available to serve the proposal;
4. All proposed lots conform to the size and dimensional requirements
of this title; and
5. All proposed improvements meet City and applicable agency
standards. (Ord. 89-06; Ord. 83-52)
NOTE: THE FOLLOWING SECTION IS PROPOSED TO BE RELOCATED TO 18.162.035
[18.162.045 Expiration of Approval - Standards for Extension of Time
A. The partition or lot line adjustment approval by the Director shall be
effective for a period of one -and-one-half years from the date of
approval.
DRAFT - November 15, 1990 PAGE '3
B. The
partition or lot line adjustment approval by the Director shall
lapse if:
1. The partition or lot line adjustment has been improperly recorded
with Washington county without the satisfactory completion of all
conditions attached to the approval;
2. The final recording is a departure from the approved plan.
C. The Director shall, upon written request by the applicant and payment of
the required fee, grant an extension of the approval period not to
exceed one year provided that:
1. No changes are made on the original plan as approved by the
Director;
2. The applicant can show intent of initiating construction of the site
within the one year extension period; and
3. There have been no changes in the facts or applicable policies and
ordinance provisions on which the approval was based.
D. The Director's decision may be appealed as provided by Section
18.32.310.A.]
18.162.050 Special Provisions for Lots Created through Partition Process
A. Lot Width:
1. The minimum width of the building envelope area shall meet the lot
requirement of the applicable zoning district. -
B. Lot Area:
1. The lot area shall be as required by the applicable zoning
district. In the case of a flag lot, the accessway may not be
included in the lot area calculation.
C. Lot Frontage:
1. Each lot created through the partition process shall front a public
right-of-way by at least 15 feet or have a legally recorded minimum
15 foot wide access easement.
D. Setbacks:
1. Setbacks shall be as required by the applicable zoning district.
E. Front Yard Determination for Flag Lot:
1. When the partitioned lot is a flag lot, the developer may determine
the location of the front yard, provided that no side yard is less
DRAFT - November 15, 1990 PAGE 4
than 10 feet. Structures shall generally be located so as to
maximize separation from existing structures.
F. Screening on Flag Lots:
1. A screen shall be provided along the property line of a lot of
record where the paved drive in an accessway is located within ten
feet of an abutting lot in accordance with Sections 18.100.080 and
18.100.090. Screening may also be required to maintain privacy for
abutting lots and to provide usable outdoor recreation areas for
proposed development.
G. Fire Protection:
1. The fire district may requite the installation of a fire hydrant
where the length of an accessway would have a detrimental effect on
firefighting capabilities.
H. Reciprocal Easements:
1. Where a common drive is to be provided to serve more than one lot, a
reciprocal easement which will ensure access and maintenance rights
shall be recorded with the approved partition map.
I. Accessway:
1. Any accessway shall comply with the standards set forth in Chapter
18.108, Access, Egress, and Circulation. (Ord. 87-66; Ord. 84-29;
Ord. 83-52)
J. Where landfill and/or development is allowed within or adjacent to the
one-hundred-year floodplain, the City shall require the dedication of
sufficient open land area for greenway adjoining and within the
floodplain. This area shall include portions at a suitable elevation
for the construction of a pedestrian/bicycle pathway with the floodplain
in accordance with the adopted pedestrian/bicycle pathway plan.
18.162.060 Lot Line Adjustments: Approval Standards
A. The Director shall approve or deny a request for a lot line adjustment
in writing based on findings that the criteria stated are satisfied as
follows:
1. An additional [lot] parcel is not created by the lot line
adjustment, and the existing parcel reduced in size by the
adjustments is not reduced below the minimum lot size established by
the [approved] zoning [for that] district;
2. By reducing the lot size, the lot or structures(s) on the lot
will not be in violation of the site development or zoning district
regulations for that district; and
DRAFT - November 15, 1990 PAGE 5
3. The resulting parcels are in conformity with the dimensional
standards of the zoning district
[3. If the applicant disagrees with the decision of the Director,
an appeal shall be filed in accordance with Subsection
18.32.310.A.]
B. [Application submission requirements for a lot line adjustment shall
comply with Sections 18.162.070 and 18.162.080.1
[C.) The provisions of Section [18.162.040] 18.162.050 shall also apply to
lot line adjustments. (Ord. 89-06; Ord. 83-52))
C. A lot line adjustment is not considered a development action for
purposes- _of determininq whether floodplain. greenwav, or right-of-way
dedication is required
18.162.070 Preliminary Application Submission Requirements
A. All applications shall be made on forms provided by the Director and
shall be accompanied by:
I. Copies of the preliminary partition map or lot line adjustment map
(number of copies determined at pre-application conference) and
necessary data or narrative;
2. [A list of the names and addresses of all property owners of record
within 250 feet of the site; and
3.] The required fee.
B. The preliminary partition or lot line adjustment map and necessary data
or narrative shall include the following:
1. The name s , [and) address(es), and phone numbers of the following:
a. The owner(s) of the subject parcel(s);
b. Tha owner(s) • authorized agent( if applicable); and
c. The land surveyor and engineer(if applicable);
2. The map scale, north arrow, and date;
3. Sufficient description to define the location and boundaries of the
Proposed area to be partitioned or adjusted;
4. The scale shall be an engineering scale sufficient to show the
details of the plan and related data;
5. The location, width and names of streets or other public ways and
easements within and adjacent to the proposed partition;
DRAFT - November 15,1990 PAGE 6
b. Other important features, to includes
a. The location of all permanent buildings on and within 25 feet of
all property lines;
b. The location and width of all water courses;
c. Any trees having a six inch caliper or greater at four feet
above ground level;
d. All slopes greater than 25 percent; and
e. The location of existing utilities and utility easements;
7. In the case of a major land partition, the applicant shall include
the proposed right-of-way location and width, and a scaled cross
section of the proposed street (to include any reserve strip);
8. Any deed restrictions that apply to the existing lot; and
9. Where it is evident that the subject parcel can be further
partitioned, the applicant must show that the land partition will
not preclude the efficient division of land in the future.
C. The [sketch plan] preliminary partition plat or lot line adjustment map
shall be as accurate as possible to ensure proper review by affected
[City] agencies.
D. Upon receipt of an application, the Director shall review it for
compliance with the requirements for submittal (see Subsections A and B
above). If the application is found to be incomplete, the Director
f shall within 30 days notify the applicant of the reasons therefor and
advise the applicant of the requirements for an acceptable application.
E. Upon acceptance of a complete application, the Director shall transmit
copies of the preliminary land partition application or lot line
adjustment map to the City Engineering Department and Building Division
[of Public Works and] as well as other potentially affected agencies
where necessary.
F. The Director shall review the [proposed partition] proposal for
compliance with the provisions of this title and coordinate the review
conducted by affected City agencies and applicable districts for
compliance with applicable regulations.
G. The Director shall review the proposed lot line adjustment for
compliance with the provisions of this title, and shall issue a
decision to owners of the involved parcels, abutting property owners,
and affected service providing agencies with regard to the compliance of
the application with respect to all applicable approval criteria. If
the Director believes that existing utilities may be affected by the
proposed adjustment, the Director may defer making a decision on the
DRAFT - November 15,1990 PAGE 7
t
application until the affected service providing agencies have been
given an _opportunity to review and comment upon the proposal. In
addition, an affected agency may reguest an amended decision within 10
days of the issuance of a decision for which comments were not
re ested, if the agency finds that utilities may be affected by the
proposed adjustment.
[G•]
H. Following the review of the land partition or lot line adjustment by the
applicable agencies, the applicant will be advised of the status of the
proposal and of any additional information which shall be required prior
to the filing of a final land partition (survey) plat or lot line
adjustment mag and shall be notified of conditions to be attached to
[final land partition] the approval.
I. The review of the preliminary land partition or lot line adjustment does
not guarantee the applicant that the final application for a land
partition or lot line adjustment will be approved nor that additional
information or revisions will not be required by the City. (Ord. 89-06;
Ord. 86-23; Ord. 83-52)
18.162.080 Final Application submission Requirements - Lind Partition
A. All final applications for major and minor land partitions [or lot line
adjustments] shall be made on forms provided by the Director and shall
be accompanied by:
1. Three copies of the partition [map] plat prepared by a land
surveyor or engineer licensed to practice in Oregon, and necessary
data or narrative[; and
2. The required fee, submitted with the preliminary application].
B. The partition [map or lot line adjustment map] plat and data or
narrative shall be drawn to the minimum standards set forth by the
Oregon Revised Statutes (ORS 92.05) and by Washington County and shall
include the following:
1. Sheet sizes for the final partition map shall be drawn on paper that
is 8-1/2 inches by 11 inches, it inches by 17 inches or 18 inches by
24 inches in size (if 18 inches by 24 inches, then one copy must be
on reducible paper);
2. The scale of the map shall be an engineering scale;
3. The name and address of the following:
a. The owner(s) of the subject parcel;
b. The owner(s) , authorized agent; and
C. The land surveyor and engineer;
DRAFT - November 15, 1990 PAGE 8
3
4. The assessor s map and lot number and a copy of the deed, sales
contract or document containing a legal description of the land to
be partitioned;
5. The map scale, north arrow, and date;
6. Dimensions and legal descriptions of the parent parcel and all
proposed parcels;
7. Boundary lines and names of adjacent partitions and subdivisions,
and tract lines abutting the site;
8. The locations, width and names of streets or other public ways and
easements within and adjacent to the proposed partition;
[9. Other important features, to include:
a. The location of all permanent buildings on and within 25 feet of
all property lines;
b. The location and width of all water courses;
c. Any trees having a six inch caliper or greater at four feet
above ground level;
d. All slopes greater than 25 percent, and;
e. The location of existing utilities and utility easements;]
9[10]. In the case of a major land partition, the applicant shall
include the proposed right-of-way location and width, and a
scaled cross section of the proposed street (to include any
reserve strip);
10[11]. Any deed restrictions that apply to the existing lot; and
[12. Where it is evident that the subject parcel can be further
partitioned, the applicant must show that the land partitioned
will not preclude the efficient division of land in the future,
and (Ord. 89-06; Ord. 84-29; Ord. 83-52)]
11. Signature blocks for City approval and acceptance of public
easements and rights-of -way,
18.162.085 Final Application Submittal Requirements - Lot Line Adjustment
A. Applications for final lot line adjustment map approval shall include
three copies of the final lot line adjustment survey map;
B. The lot line adjustment survey map and data or narrative shall include
the following:
DRAFT November 15, 1990 PAGE 9
. . .
1. Sheet sizes for the final map shall be drawn on paper that is 8-1/2
inches by 11 inches, 11 inches by 17 inches or 18 inchesby 24
_inches in size (if 18 inches by 24 inches, then one copy must be on
reducible aper);
2. The scale of the map shall be an engineeringscale;
3. The name and address of the following
a. The owner s) of the subject parcel,
b. The owner(s), authorized agent;
E. The land surveyor and engineer;
4. The map scale, north arrow, and date;
5. Dimensions and parcel sizes of both the original parcels and
adjusted parcels;
6. Boundary lines of parcels abutting the parcels;
7. The locations, width and names of streets or other public ways and
easements within and adjacent to the subject parcels;
r.
S. Any deed restrictions that apply to the parcels; and
9. Signature blocks for City approval and acceptance of public
easements and rights-of-way.
18.162.090 Additional Information Required and Waiver of Requirements
A. The Director may require information in addition to that required by
this chapter in accordance with Subsection 18.32.080.A.
B. The Director may waive a specific requirement for information in
accordance with Subsections 18.32.080.B and C. (Ord. 89-06; Ord. 83-52)
18.162.100 City [Councill Acceptance of Dedicated Land
A. The City Engineer [Council] shall accept the proposed right-of-way
dedication prior to recording a land partition or lot line adjustment.
(Ord. 89-06; Ord. 84-29; Ord. 83-52)
B. The City Engineer shall accept all 2ublic easements shown for dedication
on partition plats or lot line adjustment maps.
i
DRAFT - November 15, 1990 PAGE 10
18.162.110 Centerline Monumentation: Monument Box Requirements
A. Centerline Monumentation for all Major Partitions:
1. The centerlines of all street and roadway rights-of-way shall be
monumented as prescribed in ORS 92(060(2) before City acceptance of
street improvements [; and] under the following specifications:
[2. The following centerline monuments shall be set:
a. All centerline-centerline intersection points:
b. All cul-de-sac center points; and
c. Curve points, beginning and ending points (point of curvature
(P.C. and point of tangency (P.T.)). (Ord. 83-52)
B. Monument Boxes Required:
1] a. Centerline monuments are required to have [M]monument boxes
conforming to City standards set for those monuments within the
pavement area; and [shall be required around all centerline
intersection points and cul-de-sac center points; and
21 b. The tops of all monument boxes shall be set to finished
._:. pavement grade.
18.162.120 Recordinq of Partitions[:] and Lot Line Adjustments
A. Upon the Director's approval of the proposed partition or lot line
adjustment and the [Council's] City Engineer's acceptance of any
dedicated land to the City, the applicant shall record the partition
plat or lot line adjustment survey map with Washington County and submit
the recordation numbers to the City, to be incorporated into the record.
B. The applicant shall submit a recorded reproducible copy of the final
partition plat or lot line adjustment survey map to the City within 15
days of recording, or notify the City Engineering Division of the County
survey number. (Ord. 89-06; Ord. 83-52)
18.162.130 Variances to standards
A. An application for a variance to the standards prescribed in this
chapter shall be made in accordance with Chapter 18.134, Variances.
(Ord. 89-06; Ord. 83-52)
JO:18162
K:
DRAFT - November 15, 1990 PAGE 11 `
RUIBIT 'C'
CODE: REVISIONS - 11/26/90
USH CLASSIMATIONS (pp. 80-81)
18.42.020 A.
5. Group Residential:
Refers to the residential occupancy of living units by groups of
more than five persons who are not related by blood, marriage or
adoption, and where communal kitchen/dining facilities are
provided. Typical uses include occupancy of retirement homes,
boarding houses, cooperatives and halfway houses, but excluding
[group care facilities] residential care facilities as specified in
Subsection 6 of this section;
6. [Group Care Residential:]
[Refers to services provided in facilities authorized, certified or
licensed by the state to provide board, room, and care to six or
more physically disabled, mentally disordered, mentally retarded,
handicapped persons; dependents or neglected children, but
excluding those uses classified under hospitals. Typical uses
include intermediate care facilities and institutions for the mentally retarded and physically handicapped;]
Residential Care Facility-
Refers to services provided in facilities licensed by the state to
provide board, room, and care to six or more mentallv retarded,
devel.2umentally disabled; mentally, emotionally. or behaviorly
disturbed; nhysically disabled or socially dependent residents
alcohol or drug dependent persons or any combination of such
residents totaling six or more in one or more buildinas on
contiguous Dronerties Excluded are those uses classified under
hospitals. Typical uses include intermediate care facilities and
institutions for the mentally retarded and ohvsically handicapned;
7. [Residential Care Facility:] Residential Treatment Home:
[A residence of five or fewer mentally or physically handicapped
with staff (need not be related);] A facility that provides for
five or fewer mentally emotionally or behaviorally disturbed
individuals or alcohol or drug dependent persona residential care
and treatment in one or more buildinas on contiguous properties
Supervisory staff are required for the operation of the facility.
(` 10/19/90 - CDC REVISION PAGE 1
S. Children's Day Care:
1` [Refers to services or facilities authorized, certified or licensed
by the state for children's day care of 13 or more children at any
one time for a period not to exceed 12 hours per day with or
without compensation. See Subsection 11 of this section;]
A day care facility operated with or without compensation that is
certified by the state to care for 13 or more children or a
facility that is certified to care for 12 or fewer children and
located in a buildino constructed as other than a single family
dwelli_nc. _ Tvpical uses include nursery schoolspreschools
kinderoartena child plav schools. before or after school care
facilities. or child development centers
19. Mobile Home:
Refers to a structure transportable in one or more sections, each
built on a permanent chassis and which is designed to be used for
permanent occupancy as a residential dwelling;]
[10. Manufactured Home:
Refers to a factory-fabricated transportable building which meets
the Uniform Building Code which is incorporated with similar
structures or units at a building site and used as a dwelling
unit;]
( ' [11. Babysitting Service:
Refers to day care services for children if the compensation
therefor is paid directly by the parent or legal guardian or if the
service is provided without any compensation in either the home of
the parent or guardian or the home of the babysitter. A
babysitting service provides for care for not more than six
children for eight or more hours in a 24-hour period and the
service may be provided for not more than four other (part-time)
children for not more than three consecutive hours in a 24-hour
period. No more than a total of 10 children including the
babysitter's children can be present at any one time. Variation
from the above constitutes a day care facility. See Subsection 8
of this section;]
9. Familv Dav Care:
Includes two types of child care service: Family Day Care and
Group Day Care Home as defined by Orecion State Statute Family
_Day Care refers to the provision of day care services for children.
with or without compensation in the home of the careviver Family
Day Care may provide care for six or fewer children full-timeme with
an additional four or fewer full-time or part-time children
During the school year a family day care provider may care for
10/19/90 - CDC REVISION PAGE 2
four additional day care children on days and during the hours
school is not in session. Such children must be at least an age
_eligible for first grade During summer vacation a family day
care Provider may care for four additional day care children of any
age up to a maximum of four hours Per day No more than a total
of 10_children including the Provider's own children may be
present at any one time
A Day Care Group Home is one in which care is Provided in the home
of the care Giver with or without compensation for seven through
12 children. It is subject to certification by the Children'
Services Division. Variation from the above constitutes a Child
Day Care Center. See Subsection 8 of this section For the
Purposes of this section "full-time" is defined as eiaht or more
hours in a 24-hour Period. "Part-time" is defined as four or fewer
hours,_in a 24-hour Period.
ADMINISTRATION (p. 76)
18.40.010 Classification of Zones
Dwelling Minimum
Units Per Lot Size in
Zoning District MaP Symbol Net Acre Square Feet
Medium Density
Multiple-family residential R-25 25 14 480 [1,742]
4,
ZONING DISTRICTS (PP. 96-152)
18.44.020 Procedures and ARProval Process
A. A [use] permitted use [outright], Section 18.44.030, is a use which
[requires no approval under] is allowed outright but is subject to all
RRj cable [the] provisions of this title. If a use is not listed as a
[use] permitted use [outright], it may be held to be a similar unlisted
use under the provisions of Chapter 18.43, Unlisted Use.
18.44.030 Permitted Uses
A. 3. [Residential homes] Residential treatment home;
4. Farming; [or]
5. Manufactured homes[.];„
6. Family day care.
7. Home occupation;
10/19/90 - CDC REVISION PAGE 3
8. Temnorary usel
9. Fuel tank; or
10. Accessory structures.
18.44.040 Conditional Uses
A. 3. [Group care residential] Residential care facility
18.44.060 Additional Requirements
A. Additional requirements in the R-1 district are as follows:
[1. Off-street parking and loading, Chapter 18.106;
2. Access, Egress, and Circulation, Chapter 18.108;
3. Landscaping and screening, Chapter 18.100;
4. Signs, Chapter 18.114;
5. Nonconforming situations, Chapter 18.132;
6. Accessory structures, Chapter 18.144;
7. Home occupations, Chapter 18.142;
8. Temporary uses, Chapter 18.140;
9. Sensitive lands, Chapter 18.84; and
10. Residential density transition, Section 18.40.040.]
1. Residential density transition, Section 18.40.040-
2. Overlay Districts, Chapters 18.80 Planned Development, 18.82
Historic Overlay District, and 18.84 Sensitive Lands;
3. Supplemental Provisions, Chanters 18.90 Environmental Performance
Standards, 18.92 Density Computations, 18.94 Manufactured/Mobile
Home Regulations, 18.96 Additional Yard Setback Requirements and
Exceptions, 18.98 building Height Limitations: Exceptions 18.100
Landscaping and Screening, 18.102 Visual Clearance Areas' 18,104
Fuel Tank Installations, 18.106 Off-Street Parking and Loading
Requirements, 18.108 Access, Egress, and Circulations and 18.114
Signs;
4. Site Development Review, Chapter 18.120
5�. Development and Administration, Chapters 18.130 Conditional Use
18.132 Nonconforming Situations 18.134 Variance 18.140 Temporary
10/19/90 - CDC REVISION PAGE 4
Uses 18 142 Home Occupations, 18.144 Accessory Structures, 18.146
Flexible Setback Standards. and 18.150 Tree Removal; and
6. Land Division and Development Standards, Chapters 18.160 Land
Division• Subdivisions, 18.162 Land Divisions Land Partitioning-
Lot Line Adjustment, and 18.164 Street and Utility Improvement
Standards.
18.46.020 Procedures and Approval Procese
A. A [use] permitted use (outright], Section 18.46.030, is a use which
[requires no approval under] is allowed outright, but is subject to all
applicable [the] provisions of this title. If a use is not listed as a
[use] permitted use (outright], it may be held to be a similar unlisted
use under the provisions of Chapter 18.43, Unlisted Use.
18.46.030 Permitted Uses
A. 3. [Residential care facilities] Residential treatment home;
4. Farming; [or]
5. Manufactured homes[.].L
6. Family daycare;
7. Home occupation;
I5e:,..- 8. Temporary use;
9. Fuel tank; or
10. Accessory structures.
18.46.040 Conditional Uses
A. 3. [Group care residential] Residential care facility
18.46.060 Additional Reguirements
A. Additional requirements in the R-2 district are as follows:
[1. Off--street parking and loading, Chapter 18.106;
2. Access, Egress, and Circulation, Chapter 18.108;
3. Landscaping and screening, Chapter 18.100;
4. Signs, Chapter 18.114;
5. Nonconforming situations, Chapter 18.132;
6. Accessory structures, Chapter 18.144;
10/19/90 CDC REVISION PAGE 5
7. Home occupations, Chapter 18.142;
8. Temporary uses, Chapter 18.140;
9. Sensitive lands, Chapter 18.84; and
10. Residential density transition, Section 18.40.040.1
1. Residential densitv transition Section 18 40 040
2. Overlay Districts, Chapters 18.80 Planned Development 18 82
Historic Overlav District and 18.84 Sensitive Lands
3. Supplemental _Provisions, Chapters 18-90 Environmental Performance
Standards, 18.92 Densi v Computations 18 94 IU 'Mobile
Home Regulations, 18.96 Additional Yard Setback Requirements and
Exceptions, 18.98 building Height Limitations Exceptions 18.10o
Landscaping and Screening 18.102 Visual Clearance Areas 18-104
Fuel Tank Installations 18.106 Off-Street Parkin and Loading
Requirements, 18-108 Accesses Egress and Circulation and 18.114
Signs;
4. Site Development Review Chapter 18.120;
5. Development and Administration, Chapters 18 130 Conditional Use,
18.132 Nonconforming Situations 18 134 Variance 13,140 Temporary
Uses' 18.142 Home Occupations 18 144 Accessory Structures 18.14
Flexible Setback Standards and 18.150 Tree Removal• and
6. Land Division and Development Standards Chapters 18.160 Land
Division: Subdivision 18.162 Land Division: Land Partitionin -
Lot Line Adjustment and 18.164 Street and Utilit _Improvement
Standards.
18.48.020 Procedures and Approval Process
A. A [use] permitted use [outright], Section 18.48.030, is a use which
[requires no approval under] is allowed outright but is subject to all
applicable [the] provisions of this title. If a use is not listed as a
[use] permitted use (outright], it may be held to be a similar unlisted
use under the provisions of Chapter 18.43, Unlisted Use.
18.48.030 Permitted Uses
A. 3. [Residential care facilities] Residential treatment home;
4. Farming; [or]
5. Manufactured homes[.]i
6. Family day care:
10/19/90 - CDC REVISION PAGE 6
r�.
F.
7. Home occupation;
8. Temporary use•
9. Fuel tank; or
10. Accessory structures.
18.48.040 Conditional Uses
A. 3. [Group care residential] Residential care facility
18.48.060 Additional Requirements
A. Additional requirements in the R-3.5 district are as follows:
[l. Off-street parking and loading, Chapter 18.106;
2. Access, Egress, and Circulation, Chapter 18.108;
3. Landscaping and screening, Chapter 18.100;
4. Signs, Chapter 18.114;
5. Nonconforming situations, Chapter 18.132;
6. Accessory structures, Chapter 18.144;
7. Home occupations, Chapter 18.142;
8. Temporary uses, Chapter 18.140;
9. Sensitive lands, Chapter 13.84; and
10. Residential density transition, Section 18.40.040.]
1. Residential density transition, Section 18.40.040-
2. Overlay_ Districts, Chapters 18.80 Planned Development 18.82
Historic Overlay District, and 18.84 Sensitive Lands;
3. Supplemental Provisions, Chapters 18.90 Environmental Performance
Standards, 18.92 Density Computations, 18.94 Manufactured/Mobile
Home Regulations, 18.96 Additional Yard Setback Requirements and
Exceptions, 18.98 building Height Limitations: Exceptions 18.100
Landscaping and screening, 18.102 Visual Clearance Areas, 18.104
Fuel Tank Installations, 18.106 Off-Street Parking and Loading
Requirements, 18.108 Access, Egress, and Circulation, and 18.114
Signs,
4. Site Development Review, Chapter 18.120;
X 10/19/90 - CDC REVISION PAGE 7
's
5. Development and Administration, Chapters 18.130 Conditional Use,
18.132 Nonconforming situations, 18.134 Variance, 18.140 Temporary
Uses. 18.142 Home Occupations, 18.144 Accessory Structures, 18.146
Flexible Setback Standards and 18.150 Tree Removal; and
6. Land _Division and Development Standards, Chapters 18.160 Land
Division: Subdivision, 18.162 Land Division: Land Partitioning-
Lot _Line Adjustment, and 18.164 Street and Utilitv Improvement
Standards.
18.50.020 Procedures and Approval Process
A. A [use] permitted use [outright], Section 18.50.030, is a use which
(requires no approval under] is allowed outright, but is subject to all
applicable [the] provisions of this title. If a use is not listed as a
[use] permitted use [outright], it may be held to be a similar unlisted
use under the provisions of Chapter 18.43, Unlisted Use.
18.50.030 Permitted Uses
A. 3. [Residential care facilities] Residential treatment home;
4. Farming; (or]
5. Manufactured homes[.],L
6. Family day care:
.., 7. Home occupation;
S. Temnorary use:
9. Fuel tanks or
10. Accessory structures.
18.50.040 Conditional Uses
A. 4. [Group care residential] Residential care facility
18.50.060 Additional Requirements
A. Additional requirements in the R-4.5 district are as follows:
[1. Off-street parking and loading, Chapter 18.106;
2. Access, Egress, and Circulation, Chapter 18.108;
3. Landscaping and screening, Chapter 18.100;
4. Signs, Chapter 18.114;
5. Nonconforming situations, Chapter 18.132;
10/19/90 - CDC REVISION PAGE 8
6. Accessory structures, Chapter 18.144;
7. Home occupations, Chapter 18.142;
8. Temporary uses, Chapter 18.140;
9. sensitive lands, Chapter 18.84; and
10. Residential density transition, Section 18.40.040.1
1. Residential densitv transition, Section 18.40.040;
2. Overlay Districts, Chapters 18.80 Planned Development,_ 18.82
Historic Overlay District, and 18.84 Sensitive Lands;
3. Supplemental Provisions, Chapters 18.90 Environmental Performance
Standards, 18.92 Density Computations, 18.94 Manufactured/Mobile
Home Regulations, 18.96 Additional Yard Setback Requirements and
Exceptions, 18.98 building Height Limitations: Exceptions, 18.100
Landscaping and Screening, 18.102 Visual Clearance Areas, 18.104
Fuel Tank Installations, 18.106 Off-Street Parking and Loading
Requirements, 18.108 Access. Earess, and Circulation, and 18.114
Signs;
4. Site Development Review, Chapter 18.120;
5. Development and Administration, Chapters 18.130 Conditional Use,
18.132 Nonconformina Situations, 18.134 Variance, 18.140 Temporary
Uses, 18.142 Home occupations, 18.144 Accessory Structures, 18.146
Flexible Setback Standards 18.148 Zero Lot Line Setback Standards
and 18.150 Tree Removal; and
6. Land Division and Development Standards, Chapters 18.160 Land-
Division: Subdivision, 18.162 Land Division: Land Partitioning-
Lot Line Adjustment, and 18.164 Street and Utility Improvement
Standards.
18.52.020 Procedures and Approval Process
A. A [use] permitted use [outright], Section 18.52.030, is a use which
[requires no approval under] is allowed outright, but is subiect to all
applicable [the] provisions of this title. If a use is not listed as a
[use] permitted use [outright], it may be held to be a similar unlisted
use under the provisions of Chapter 18.43, Unlisted Use.
18.52.030 Permitted Uses
A. 6. [Residential care facilities] Residential treatment home;
7. Farming; [and]
10/19/90 - CDC REVISION PAGE 9
4t
3
8. Manufactured homes(.);
9. Family day carol
10. Home occupation•
12. Temporary use,
12. Fuel tank: or
13. Accessory structures
18.52.040 Conditional Uses
A. 4. [Group care residential) Residential care facility
18.52.060 Additional Requirements
A. Additional requirements in the R-7 district are as follows:
[1. Off-street parking and loading, Chapter 18.106;
2. Access, Egress, and Circulation, Chapter 18.108;
3. Landscaping and screening, Chapter 18.100;
4. Signs, Chapter 18.114;
5. Nonconforming situations, Chapter 18.132;
6. Accessory structures, Chapter 18.144;
7. Home occupations, Chapter 18.142;
I
8. Temporary uses, Chapter 18.140;
9. Sensitive lands, Chapter 18.84; and
10. Residential density transition, Section 18.40.040.]
1. Residential density transition Section 18.40.0401-
2.
8 40.0402. Overlay Districts, Chapters 18.80 Planned Development 18.82
Historic Overlay District and 18.84 Sensitive Lands;
3. Supplemental_ Provisions Chapters 18.90 Environmental Performance
Standards. 18.92 Density Computations 18 44ManufacturedlMobile
Home Regulations 18 96 Additional Yard Setback Requirements and
Exceptions,_ 18.98 building Height Limitations Exceptions 18 100
Landscaping_and Screening 18.102 Visual Clearance Areas 18104
Fuel Tank Installations 18.106 Off-Street Parkin and Loadin
Requirements, 18.108 Access Egress and Circulation, and 18.114
10/19/90 - CDC REVISION PAGE 10
y,
Signs;
4. Site Development Review, Chapter 18.120s
5. DeveloDment _and Administration, Chapters 18.130 Conditional Use,
18.132 Nonconforming Situations, 18.134 Variance, 18.140 Temporary
Uses, 18.142 home Occupations. 18.144 Accessory Structures„. 18.146
Flexible Setback Standards 18.148 Zero Lot Line Setback Standards
and 18.150 Tree Removals and
6. Land Division and Development Standards, Chapters 18.160 Land
Division: Subdivision, 18.162 Land Division: Land Partitioning-
Lot Line Adiustment, and 18.1.64 Street and Utility Improvement
Standards.
18.54.020 Procedures and Approval Process
A. A [use] permitted use [outright], Section 18.54.030, is a use which
[requires no approval under] is allowed out_riaht, but is subiect to all
applicable [the] provisions of this title. If a use is not listed as a
[use) permitted use [outright], it may be held to be a similar unlisted
use under the provisions of Chap}er 18.43, Unlisted Use.
18.54.030 Permitted Uses
A. 5. [Group care residential] Residential care facility
S. [Residential care facilities] Residential treatment home ; [and)
9. Manufactured homes[.).i
`I 10 Family day care
I
11. Home occupation;
12. Temporary use;
13. Fuel tank; or
14. Accessory structures.
18.54.OE40 Conditional Uses
A. S. [Group care residential] Residential care facility
18.54.060 Additional Requirements
A. Additional requirements in the R-12 district are as follows:
11. Off-street parking and loading, Chapter 18.106;
2. Access, Egress, and Circulation, Chapter 18.108;
10/19/90 - CDC REVISION PAGE 11
F
a
24
3. Landscaping and screening, Chapter 18.1001
4. Signs, Chapter 18.114;
5. Nonconforming situations, Chapter 18.132;
6. Accessory structures, Chapter 18.144;
7. Home occupations, Chapter 18.142;
B. Temporary uses, Chapter 18.140;
9. Sensitive lands, Chapter 18.84; and
30. Residential density transition, Section 18.40.040.]
1. Residential density transition, Section 18.40.040;
2. Overlay Districts, Chanters 18.80 Planned Development, 18.82
Historic Overlay District, 18.84 Sensitive Lands and 18.86 Action
Areas; -
3. Supplemental Provisions, Chapters 18.90 Environmental Performance
Standardsz 18.92 Density Computation3, 18.94 Manufactured/Mobile
HomeRegulationsx 18.96 Additional Yard Setback Requirements and
Exceptions. 18.98 building Height Limitations: Exceptions, 18.100
t Landscaping and Screening, 18.102 Visual Clearance Areas, 18.104
` Fuel Tank Installations. 18.106 Off-Street Parking and Loading
Requirements, 18.108 Access, Egress, and Circulation, and 18.114
Signs;
4. Site Development Review, Chapter 18.120
5. Development and Administration, Chapters 18.130 Conditional UseA.,
18.132 Nonconforming Situations, 18.134 Variance, 18.140 TeMpor4Ky
Uses, 18.142 Home Occupations, 18.144 Accessory Structures, 18.146
Flexible Setback Standards, and 18.150 Tree Removal; and
6. Land Division and Development Standards, Chapters 18.160 Land
Division: Subdivision, 18.162 Land Division: Land Partitioning-
Lot Line Adiustment, and 18.164 Street and Utility Improvement
Standards.
18.56.020 Procedures and Approval Process
A. A [use] permitted use [outright], Section 18.56.030, is a use which
[requires no approval under] is allowed outright, but is subject to all
applicable [the] provisions of this title. If a use is not listed as a
[use] permitted use [outright], it may be held to be a similar unlisted
use under the provisions of Chapter 18.43, Unlisted Use.
10/19/90 - CDC REVISION PAGE 12
18.56.030 Permitted Uses
A. 5. [Group care facilities] Residential care facility
B. (Residential care facilities] Residential treatment home ; [and]
9. Manufactured homes(.];
10. Family day care;
11. Home occupation;
12. Temporary use,
13. Fuel tank• or
14. Accessory structures.
18.56.060 Additional Requirements
A. Additional requirements in the R-25 district are as follows:
11. Off-street parking and loading, Chapter 18.106;
2. Access, Egress, and Circulation, Chapter 18.108;
3. Landscaping and screening, Chapter 18.100;
4. Signs, Chapter 18.114;
5. Nonconforming situations, Chapter 18.132;
6. Accessory structures, Chapter 18.144;
7. Home occupations, Chapter 18.142;
8. Temporary uses, Chapter 18.140;
9. Sensitive lands, Chapter 18.84; and
10. Residential density transition, Section 18.40.040.]
1. Residential density transition, Section 18.40.040;
2. Overlay Districts, Chapters 18.80 Planned Development, 18.82
Historic Overlav District, 18.84 Sensitive Lands and 18.86 Action
Areas:
3. Supplemental Provisions, Chapters 18.90 Environmental Performance
Standards, 18.92 Density Computations, 18.94 Manufactured/Mobile
Home Regulations, 18.96 Additional Yard Setback Recruirements and
Exceptions, 18.98 building Height Limitations: Exceptions, 18.100
i 10/19/90 - CDC REVISION PAGE 13
Landscaping and Screening, 18.102 Visual Clearance Areas, 18.104
Fuel Tank Installations, 18.106 Off-Street Parking and Loading
Requirements, 18.108 Access, Egress, and Circulation, and 18.114
Signs;
4. Site Development Review, Chapter 18.120;
5. Development and Administration, Chapters 18.130 Conditional Use,
18.132 Nonconforming Situations, 18.134 Variance, 18.140 Temporary
Uses, 18.142 Home Occupations, 18.144 Accessory Structures, 18.146
Flexible Setback Standards and 18.150 Tree Removal• and
6. Land Division and Development Standards, Chapters 18.160 Land
Division: Subdivision, 18.162 Land Division: Land Partitioning-
Lot Line Adjustment, and 18.164 Street and Utility Improvement
Standards.
18.58.020 Procedures and Approval Process
A. A [use] permitted use [outright], Section 18.58.030, is a use which
[requires no approval under] is allowed outright, but is subject to all
applicable [the] provisions of this title. If a use is not listed as a
[use] permitted use [outright], it may be held to be a similar unlisted
use under the provisions of Chapter 18.43, Unlisted Use.
18.58.030 Permitted Uses
t A. 6. [Group care residential] Residential care facility
9. [Residential care facilities] Residential treatment home; [and]
10. Manufactured homes[.],L
11. Family day care;
12. Home occupation;
13. Temporary use;
14. Fuel tank; or
15. Accessory structures.
18.58.060 Additional Requirements
A. Additional requirements in the R-40 district are as follows:
[1. Off-street parking and loading, Chapter 18.106;
2. Access, Egress, and Circulation, Chapter 18.108;
3. Landscaping and screening, Chapter 18.100;
t 10/19/90 - CDC REVISION PAGE 14
4. Signs, Chapter 18,114;
A. 5. Nonconforming situations, Chapter 18.132;
6. Accessory structures, Chapter 18.144;
7. Home occupations, Chapter 18.142;
8. Temporary uses, Chapter 18.140;
9. Sensitive lands, Chapter 18.84; and
10. Residential density transition, Section 18.40.040.]
1. Residential density transition, Section 18.40.040;
2. Overlav Districts Chapters 18.80 Planned Development, 18.82
Historic overlay District 18.84 Sensitive Lands and 18.86 Action
Areas
3. Supplemental Provisions, Chapters 18.90 Environmental Performance
Standards 18.92 Density Computations, 18.94 Manufactured/Mobile
Home Reaulati.ons 18.96 Additional Yard Setback Requirements and
Exceptions 18.98 building Height Limitations: Exceptions, 18.100
Landecanino and Screening 18.102 Visual Clearance Areas 18.104
Fuel Tank Installations 18.106 Off-Street Parking and Loading
Requirements 18.108 Access Egress, and Circulation, and 18.114
Signs;
4. Site Development Review, Chapter 18.120;
5. Development and Administration. Chapters 18.130 Conditional Use,
18.132 Nonconforming Situations 18.134 Variance 18.140 Temporary
Uses, 18.142 Home Occupations 18.144 ACCBBBory Structures, 18.146
Flexible Setback Standards, and 18.150 Tree Removal; and
6. Land Division and Development Standards, Chapters 18.160 Land
Division: Subdivision 18.162 Land Division: Land Partitioning-
Lot Line Adjustment and 18.164 Street and Utility Improvement
Standards.
18.60.020 Procedures and A Rroval Process
A. A [use] permitted use [outright], Section 18.60.030, is a use which
[requires no approval under] is allowed outright, but is subject to all
AMlicable [the] provisions of this title. I£ a use is not listed as a
[use] perm?cted use [outright], it may be held to be a similar unlisted
use under the provisions of Chapter 18.43, Unlisted Use.
18.60.030 Permitted Uses
A. 2. C. [Day care facilities] Children's day care
10/19/90 - CDC REVISION PAGE 15
3. Home occupations subject to provisions of Chapter 18.142,L
4. Family day cares
5. TemDorary uses
5. Fuel tank„, or
7. Acceaso�,. structures
18.60.060 Additional Requirements
A. Additional requirements in the C-N district are as follows:
[1. Off-street parking and loading, Chapter 18.106;
2. Access, Egress, and Circulation, Chapter 18.108;
3. Landscaping and screening, Chapter 18.100;
4. Signs, Chapter 18.114;
S. Nonconforming situations, Chapter 18.132; and
6. Sensitive lands, Chapter 18.84.]
1. Overlay Districts Chanters 18.80-Planned Development 18 82
Historic Overlay District and 18.84 Sensitive Lands
3. SuDDlemental Provisions Chapters 18.90 Environmental Performance
Standards. 18.92 Density Computations 18 94 Manufactured/Mobile
Home Regulations. 18.96 Additional Yard Setback Requirements and
Exceptions 18.98 Building Height Limitations Exceptions 18.100
Landscapi.nq and Screening 18 102 Visual Clearance Areas 18.104
Fuel Tank Installations 18.106 Off-Street P9.rkin7 and Loadin
ci
Requirements, 18.108 Access Egress and Circulation and 18.114
Signs;
4. Site Development Review Chapter 18.-1201
5. Development and Administration Chapters 18.L30 Conditional Use
18.132 Nonconforming Situations 18.134 Variance 18.140 Temporary
Uses 18.142 Hnme Occu ations 18.144 Accessory I Structures 18.146
Flexible Setback Standards and 18.150 Tree Removal; and
6. Land Division anti Develo ment Standards Cha tars 18.160 Land
Division: Subdivision 18.162 Land Division: Land Partitioning-
Lot Line_Adiustment and 18 164 Street and Utility Improvement
Standards.
10/19/90 - CDC REVISION PAGE 16
a
t
18.62.020 Procedures and Approval Process
....
A. A [use] permitted use [outright], Section 18.62.030, is a use which
[requires no approval under] is allowed outright, but is subject to all
applicable [the] provisions of this title. If a use is not listed as a
[use] permitted use [outright], it may be held to be a similar unlisted
use under the provisions of Chapter 18.43, Unlisted Use.
18.62.030 Permitted Uses
A. 2. g. [Day care facilities] Children's day care
5. Familv day care;
6. Temporary used,
7. Fuel tank; or
8. Accessory structures.
18.62.060 Additional Requirements
A. Additional requirements in the C-G district are as follows:
11. Off-street parking and loading, Chapter 18.106;
2. Access, Egress, and Circulation, Chapter 18.108;
3. Landscaping and screening, Chapter 18.100;
4. Signs, Chapter 18.114;
5. Nonconforming situations, Chapter 18.132; and
6. Sensitive lands, Chapter 18.84.]
1. Overlay Districts, Chanters 18.80 Planned Development, 18.82
Historic Overlay District and 18.84 Sensitive Lands•
3. Supplemental Provisions, Chapters 18.90 Environmental Performance
Standards, 18.92 Density Computations, 18.94 Manufactured/Mobile
Home Regulations, 18.96 Additional Yard Setback Requirements and
Exceptions_, 18.98 Building Height Limitations: Exceptions, 18.100
Landscaping and Screening, 18.102 Visual Clearance Areae, 18.104
Fuel Tank Installations, 18.106 Off-Street Parking and Loading
Requirements, 18.108 Accessi Egress, and Circulation, and 18.114
signs;
4. Site DevaloR ent Review, Chapter 18.120;
5. Development and Administration, Chapters 18.130 Conditional Use,
18.132 Nonconforming Situations, 18.134 Variance, 18.140 Temporary
Uses, 18.142 Home Occupations, 18.144 Accessory Structures, 18.146
10/19/90 - CDC REVISION PAGE 17
Flexible Setback Standards, and 18.150 Tree Removal; and
6. Land Division and Development Standards, Chapters 18.160 Land
Division: Subdivision, 18.162 Land Division: Land Partitioning-
Lot Line Adjustment, and 18.164 Street and Utility Improvement
Standards.
18.64.020 Procedures and Approval Process
A. A [use] permitted use [outright], Section 18.64.030, is a use which
(requires no approval under] is allowed outright but is subject to all
applicable (the] provisions of this title. If a use is not listed as a
[use] permitted use [outright], it may be held to be a similar unlisted
use under the provisions of Chapter 18.43, Unlisted Use.
18.64.030 Permitted Uses
A. 2, f. [Day care facilities] Children's daycare
3, C. Family day care;
4. Transient lodging/restaurant (on the same parcel)[.]i
5. Temnorary use;
6. Fuel tank; or
7. Accessory structures.
18.64.060 Additional Reguirements
A. Additional requirements in the C-P district are as follows:
[1. Off-street parking and loading, Chapter 18.106;
2. Access, Egress, and Circulation, Chapter 18.108;
3. Landscaping and screening, Chapter 18.100;
4. Signs, Chapter 18.114;
5. Nonconforming situations, Chapter 18.132; and
6. Sensitive lands, Chapter 18.84.]
1. Overlay Districts, Chanters 18.80 Planned Development, 18.82
Historic Overlay District, and 18.84 Sensitive Lands;
3. Supplemental Provisions, Chapters 18.90 Environmental Performance
Standards, 18.92 Density Computations, 18.94 Manufactured/Mobile
Home Regulations, 18.96 Additional Yard Setback Requirements and
Exceptions, 18.98 Building Height Limitations: Exceptions, 18.100
10/19/90 - CDC REVISION PAGE 18
Landscapina and Screening, 18.102 Visual Clearance Areas, 18.104
Fuel Tank Installations, 18.106 Off-Street Parking and Loading
Requirements, 18.108 Access, Egress, and Circulation, and 18.114
Signs;
4. Site Development Review, Chapter 18.120;
5. Development and Administration, Chapters 18.130 Conditional Use,
18.132 Nonconforming Situations, 18.134 Variance, 18.140 Temporary
Uses, 18.142 Home occupations, 18.144 Accessory Structures, 18.146
Flexible Setback Standards and 18.150 Tree Removal• and
6. Land Division and Development Standards, Chapters 18.160 Land
Division• Subdivision 18.162 Land Division: Land Partitioning-
Lot Line Adjustment, and 18.164 Street and Utility Improvement
Standards.
18.66.020 Procedures and Approval Process
A. A [use] permitted use [outright], Section 18.66.0300 is a use which
[requires no approval under] is allowed outright, but is subject to all
applicable [the] provisions of this title. If a use is not listed as a
[use] permitted use [outright], it may be held to be a similar unlisted
use under the provisions of Chapter 18.43, Unlisted Use.
18.66.030 Permitted Uses
A. 3. f. Family day care:
4. Temporary use;
5. Fuel tank; or
6. Accessory structures.
18.66.040 Conditional Uses
A. 3. [Day care facilities] Children's day care
8. [Group care residential] Residential care facility
18.66.060 Additional Requirements
A. Additional requirements in the CBD district are as follows:
[1. Off-street parking and loading, Chapter 18.106;
2. Access, Egress, and Circulation, Chapter 18.108;
3. Landscaping and screening, Chapter 18.100;
4. Signs, Chapter 18.114;
10/19/90 - CDC REVISION PAGE 19
5. Nonconforming situations, Chapter 18.132; and
6. Sensitive lands, Chapter 18.84.1
1. Overlay Districts Chanters 18.80 Planned Development, 18.82
Historic Overlay District, 18.84 Sensitive Lands and 18.86 Action
Areas;
3. Supplemental Provisions Chapters 18.90 Environmental Performance
_Standards 18.92 Densitv Computations. 18.94 Manufactured/Mobile
Home Regulations 18.96 Additional Yard Setback Requirements and
Exceptions 18.98 Building Height Limitations• Exceptions 18.100
Landscaping and Screening 18.102 Visual Clearance Areas, 18.104
Fuel Tank Installations, 18.106 Off-Street Parking and Loading
Requirements 18.108 Access Egress, and Circulation, and 18.114
919—nal.
4. Site Development Review, Chapter 18.120;
5. Development and Administration, Chapters 18.130 Conditional Use,
18.132 Nonconforming Situations, 18.134 Variance, 18.140 Temporary
Uses, 18.142 Home Occupations 18.144 Accessory Structures, 18.146
Flexible Setback Standards, and 18.150 Tree Removal; and
6. Land Division and Development Standards, Chapters 18.160 Land
Division• Subdivision 18.162 Land Division: Land_ Partitioning-
Lot Line Adiustment and 18.164 Street and Utility Improvement
Standards.
18.68.020 Procedures and Approval Process
A. A [use] permitted use (outright], Section 18.68.030, is a use which
[requires no approval under] is allowed outright, but is subject to all
applicable [the] provisions of this title. if a use is not listed as a
[use] permitted use [outright], it may be held to be a similar unlisted
use under the provisions of Chapter 18.43, Unlisted Use.
18.68.030 Permitted Uses
A. A. 2.o.(ii) [Day care facilities] Children's day care
4. Farming[.];
5. A single-family detached unit or a single manufactured/mobile home
provided that the use is limited to the following:
a. A dwelling for a caretaker or superintendent which is located
on the same site with the permitted industrial use and is
occupied exclusively by a caretaker or superintendent of the
industrial use and family; or
10/19/90 - CDC REVISION PAGE 20
b. A dwelling for a kennel owner or operator which is located on
the same site with the kennel and is occupied exclusively by
the owner or operator of the kennel and familv(.l_i
i
6. Familv day care;
?. Temporary use;
8. Fuel tank: or
9. Accessory structures.
18.68 060 Additional Requirements
A, Additional requirements in the I-P district are as follows:
[1. Off-street parking and loading, Chapter 18.106;
2. Access, Egress, and Circulation, Chapter 18.108;
3. Landscaping and screening, Chapter 18.100;
4. Signs, Chapter 18.114;
5. Nonconforming situations, Chapter 18.132; and
6. Sensitive lands, Chapter 18.84.]
1. Overlay Districts Chapters 18.80 Planned Development, 18.82
` - Historic Overlay District and 18.84 Sensitive_ Lands;
3. Supplemental Provisions Chapters 18.90 Environmental Performance
Standards 18.92 Density Computations 18.94 Manufactured Mobile
Home Regulations 18.96 Additional Yard Setback Requirements and
Exceptions 18.98 Buildina Heiaht Limitations: Exceptions, 18.100
Landscaping and Screening, 18.102 Visual Clearance Areas, 18.104
Fuel Tank Installations 18.106 Off-Street Parkin and Loading
Requirements 18.108 Access EareBB and Circulation, and 18.114
Signs;
4. Site Development Review, Chapter 18.120;
5. Development and Administration Chapters 18.130 Conditional Use,
18.132 Nonconforming Situations 18.134 Variance. 18.140 Temporary
Uses, 18,..1_42 Home Occupations 18.144 Accessory Structures, 18.146
Flexible Setback Standards and 18.150 Tree Removal; and
6. Land Division and Development Standards Chapters 18.160 Land
Division: Subdivision, 18.162 Land Division: Land Partitioning
Lot Line Adiustment and 18.164 Street and Utility Improvement
Standards.
10/19/90 - CDC REVISION PAGE 21
G
P
4
18.70.020 Procedures and Approval Process
A. A [use] permitted use [outright], Section 18.70.030, is a use which
[requires no approval under] is allowed outright, but is subject to all
applicable [the] provisions of this title. If a use is not listed as a
[use] permitted use [outright], it may be held to be a similar unlisted
use under the provisions of Chapter 18.43, Unlisted Use.
18.70.030 Permitted Uses
A. 5. A single-family detached unit or a single manufactured/mobile home
provided that the use is limited to the following:
a. A dwelling for a caretaker or superintendent which is located
on the same site with the permitted industrial use and is
occupied exclusively by a caretaker or superintendent of the
industrial use and family; or
b. A dwelling for a kennel owner or operator which is located on
the same site with the kennel and is occupied exclusively by
the owner or operator of the kennel and family[•]1.
6. Family day-care;
7. Temporary use;
8. Fuel tank; or
9. AccessorV structures.
18.70.060 Additional Requirements
A. Additional requirements in the I-L district are follows:
[1. Off-street parking and loading, Chapter 18.106;
2. Access, Egress, and Circulation, Chapter 18.108;
3. Landscaping and screening, Chapter 18.100;
4. Signs, Chapter 18.114;
5. Nonconforming situations, Chapter 18.132; and
6. Sensitive lands, Chapter 18.84.]
1. Overlay Districts, Chapters 18.80 Planned Development, 18.82
Historic Overlay District. and 18.84 Sensitive La.ndsi
3. Supplemental Provisions, Chapters 18.90 Environmental Performance
Standards, 18.92 Density Computations, 18.94 Manufactured/Mobile
Home Regulations. 18.96 Additional Yard Setback Requirements and
Exceptions, 18.98 Building Height Limitations: Exceptions, 18.100
t 10/19/90 - CDC REVISION PAGE 22
Landscaping and Screening 18.102 Visual Clearance Areas 18-104
Fuel Tank Installations, 18.106 Off-Street Parkin and Loadina
Requirements, 18.108 Access Egress and Circulation. and 18.114
Sianss
4. Site Development Review Chapter 18.120;
5. _Development and Administration Chapters 18.130 Conditional Use,
18.132 Nonconforming Situations,_ 18.134 Variance,__18..140 Temporary
Uses, 18.142 Home Occupations 18.144 Accessory Structures 18 146
Flexible Setback Standards and 18.150 Tree Removal- and
6. Land Division and Development Standards Chapters
18.160 Land
Division: Subdivision 18.162 Land Division: Land Partitioning
Lot Line Adiustment, and 19.164 Street and Utility Improvement
Standards.
18.72.020 Procedures and Approval Process
A. A [use] permitted use [outright], Section 18.72.030, is a use which
[requires no approval under] is allowed outright, but is subject to all
Applicable [the] provisions of this title. If a use is riot listed as
[use] permitted use [outright], it may be held to be a similar unlisted
use under the provisions of Chapter 18.43, Unlisted Use.
18.72.030 Permitted Uses
A. 5. A single-family detached unit or a single manufactured/mobile home
provided that the use is limited to the following:
a. A dwelling for a caretaker or superintendent which is located
on the same site with the permitted industrial use and is
occupied exclusively by a caretaker or superintendent of the
industrial use and family; or
b. A dwelling for a kennel owner or operator which is located on
the same site with the kennel and is occupied exclusively by
the owner or operator of the kennel and family[.]t
6. Family day care;
7. Temporary use;
8. Fuel tank; or
9. Accessory structures.
18.72.060 Additional Requirements
A. Additional requirements in the I-H district are as follows:
[1. Off-street parking and loading, Chapter 18.106;
2. Access, Egress, and Circulation, Chapter 18.108;
e 10/19/90 - CDC REVISION PAGE 23
i
......___ ...
3. Landscaping and screening, Chapter 18,100;
4. Signs, Chapter 18.114;
S. Nonconforming situations, Chapter 18.132; and
6. Sensitive lands, Chapter 18.84.]
1. Overlay Districts, Chapters 18.80 Planned DeveloRMent, 18.82
Historic Overlay District and 18.84 Sensitive bands;_
3. Supplemental Provision , Chanters 18.90 Environmental Performance
Standards, 18.92 Density Computations, 18.94 Manufactured/mobile
Home Regulations, 18.96 Additional Yard Setback Requirements and
Exceptions, 18.98 Building Height Limitations: ExcePtions,_ 18.100
Landscapina and Screenina, 18.102 Visual Clearance Areas, 18.104
Fuel Tank Installations 3.8.106 Off-Street Parking and Loading
Requirements, 18.108 Access, Egress, and Circulation. and 18.114
Si ns-
4. Site Development Review, Chaoter. 18.120;
S. Development and Administration. Chapters 18.130 Conditional Use,
18.132 Nonconformina Situations. 18.134 Variance. 18.140 ;emyor r
Uses, 18.142 Home Occupations, 18.144 Accessory Structures. 3.8.146
Flexible Setback Standards, and 18.150 Tree Removal, and
6. Land Division and Development Standards„, Chapters 18.160 Land
Division: Subdivision 18 162 Land Division: Land Partitionina-
Lot Line Ad ustment, and 18.164 Street and Utilitv Improvement
Standards.
PLANNED DEVSLOPMENT Opp. 156-157)
18.80.030 Expiration of ADvroval: Standards for Extension of Time
C. The [Commission] Director shall, upon written request by the
applicant[,] and payment of the required fee, (notification and a public
hearing, grant,] grant [with conditions, or deny] an extension of the
approval period not to exceed (12 months] one year [upon finding]
provided that:
2. The applicant can show intent of applying for detailed development
plan review within the (12 month] one year extension period; and
3. There have been no changes [in the facts or] to the applicable
comprehensive plan policies and ordinance provisions on which the
approval was based.
d, (The Commission may approve an extension of time up to one year, approve
10/19/90 - CDC REVISION PAGE 24
the extension of time subject to modifications and conditions, or deny
the extension of time. The decision may be appealed as provided by
Subsection 18.32.310(8).] Notice of the decision shall be provided to
the applicant. The_Director's decision may be appealed by the applicant
as provided by Subsection 18.32.310A..
SENSITIVE LANDS (pp. 185-187)
18.84.030 Expiration of Approval: Standards to€1 for Extension of Time
A. Approval of a sensitive lands permit shall be void [after one-and-one-
half years] if:
1. [Unless s]Substantial construction of the approved plan has not
begun within a [two-year] one and one-half year period; or
2. [If c]Construction on the site is a departure from the approved
plan.
B. The [original approval authority] Rirector shall, upon written request
by the applicant and payment of the required fee, grant an extension of
the approval period not to exceed one year, provided that:
3. There have been no changes [in the facts or] to the applicable
comprehensive plan policies and ordinance provisions on which the
approval was based.
` C. The decision of the approval pproval authority may be reviewed by the Council
as provided by Subsection 18.32.310 B..] Notice of the decision shall
be provided to the applicant. The Director's decision may be appealed
by the applicant as provided by Subsection 18.32.310 A..
SIGNS (pp. 292-293)
18.214.030 Administration and Approval Process
F. No hearing before the [Commission] Hearings Officer shall be
granted......
J. Application for administrative variances to this chapter shall be
reviewed by the [Commission] Hearings Officer, according to......
18.114.140 Sian Code Exceptions
A. The Hearings Officer [Commission] or, on review, the Council......
B. When the Hearings officer [Commission] or......
1. If, at the expiration of one-and-one-half years from the date of
approval, construction of the structure or initiation of the use
10/19/90 -- CDC REVISION PAGE 25
i
1
B
l
giving rise to the need for the exception has not begun, the
rights given by the exception approval shall terminate without
further action by the City, the Hearings Officer [Commission, or
the Council; and
2. Said rights shall also terminate at or after the expiration of one
and one-half years from approval if, though not commenced within
one and one-half years, construction ceases......
18.114.145 Approval Criteria for Exceptions to the Sion Cade
A. The Hearings Officer [Commission] shall......
B. In addition to the criteria in Subsection A above, the Hearings Officer
[Commission], or......
SITE DEVELOPMENT REVIEW (pp. 299-304)
18.120.020 Applicability of Provisions
A. Site development review shall be applicable to all new developments and
major modification of existing developments, as provided in Section
18.120.070 except it shall not apply to:
I
1. Single-family detached dwellings;
2. Manufactured homes on individual lots;
[2.] 3. A duplex, which is not being reviewed as part of any other
development;
(3.] A. Minor modifications as provided in Section 18.120.070;
(4.] 5. Any proposed development which has a valid conditional use approved
through the conditional use permit application process; [or]
[5.] 6. Mobile home parks and subdivisions[.],i
7. Family day care;
S. Home occupation;
9. Temporary use;
10. Fuel tank; or
11. Accessory structures.
18.120.040 Expiration of Approval: Standards for Extension of Time
C. The Director shall, upon written request by the applicant and payment of
,y 10/19/90 - CDC REVISION PAGE 26
the required fee, grant an extension of the approval period not to
exceed 112 months] one year; provided that;
2. The applicant can show intent of initiating construction [of] on
the site within the [six-month] on® year extension period; and
3. There have been no changes [in the facts or] to the applicable
comprehensive plan policies and ordinance provisions on which the
approval was based.
D. Notice of the decisian shall be provided to the applicant The
Director's decision may be appealed by the applicant as provided by
Subsection 18.32:310 A..
18.120.070 Maior Modification to Approved Plans or Existing Development
B. 3. A change that requires additional [off-site] on-site parking in
accordance with Chapter 18.106;
18.120.180 Approval Standards
A. 1. A. Chanter 18.84, Sensitive Lands-
b. Chanter 18.94 Manufactured&obile Home Reg��lations•
(Modify subsections a. through g. to c. through i.)
A. 1. [h.]J.. Chapter 18.108, Access, Egress, and Circulation; [and]
(
[i.]b. Chapter 18.114, Signs;
1. Chapter 18.150, Tree Removal; and
M Chapter 18.164, Street and Utility Improvement Standards
CONDITIONAL USE (pp.317-320)
18.130.030 Expiration ofApproval• Standards for Extension of Time
A. Approval of a conditional use by the Hearings Officer shall be void
[after one-and-one-half years] if:
1. Substantial construction of the approved plan has not begun within
that [one-year] one and one-half year period;
B. The [Hearings Officer] Director shall, upon written request by the
applicant and payment of the required fee, grant an extension of the
approval period not to exceed [six months] one year [after a hearing as]
provided that [in Chapter 18.32;]:
2. The applicant can show intent of initiating construction [of] on
the site within the [six-month] one year extension period; and
10/19/90 - CDC REVISION PAGE 27
3. There have been no changes [in the facts or] to the applicable
comprehensive plan policies and ordinance provisions on which the
approval was based.
C. Notice of the decision shall be provided to the applicant. The
[decision of the Hearings Officer] Director's decision may be appealed
by the applicant as provided by Subsection 18.32.310 A..
18 130 050 Major Modification to Approved Plans or Existing Development
C. Upon the Director determining that the proposed modification to the
conditional use plan is a major modification, the applicant shall submit
a new application in accordance with Section 18.130.070 for conditional
use approval [prior to applying for site development review].
D. Notice of the decision shall be pravided to the applicant. The
Director's decision may be appealed by the applicant as provided by
Subsection 18.32.310 A..
VARIANCE (p. 347)
18.134.040 Expiration of Approval:Standards for Extension of Time
A. Approval of a variance shall be void [after one-and-one-half years]
unless:
H. 2. The applicant can show intent of initiating construction [of] on
the site within the [six-month) one year extension period; and
3. There have been no changes [in the facts or] to the applicable
comprehensive plan policies and ordinance provisions on which the
approval was based.
C. Notice of the decision shall be provided to the applicant. The
Director's decision may be appealed by the applicant as provided by
Subsection 18.32.310 A.. [No notice of the Director's decision need be
given.]
TEMPORARY USES (p. 357)
18.140.030 Expiration of Approval - Renewal
C. A temporary use approval may be renewed once by the Director for a
period not to exceed one year. Notice of the decision shall be provided
to the applicant. The Director's decision may be appealed by the
applicant as provided by Subsection 18.32.310 A..
10/19/90 - CDC REVISION PAGE 28
i
HOME OCCUPATIONS (p. 365)
18.142.020 Exemptions
A. [4. Babysitters as defined in Subsection 18.42.020 A. 11 of this
title;] and
Proven nonconforming use (see Section 18.142.032 below).
ACCESSORY STRUCTURES (pp. 373-375)
18.144.050 Expiration of Approval: Standards for Extension of Time
B. The accessory structure approval by the Director shall lapse if:
1. Substantial construction of the approved accessory structure plan
has not begun with a [two-year] one and ane-half year period; or
C. The Director shall, upon written request by the applicant and payment of
the required fee, grant an extension of the approval period not to
exceed [12 months] one year, provided that:
2. The applicant can show intent of initiating construction [of] on
the site within the [12-month] one year extension period; and
3. There have been no changes [in] to the [facts or] applicable
comprehensive plan policies and ordinance provisions on which the
approval was based.
D. Notice of the decision shall be provided to the applicant. The
Director's decision may be appealed by the applicant as provided by
Subsection 18.32.310 A..
18.144.070 Approval Criteria
A. 4. See Chapter 18.98, Building Height Limitation Exceptions, for
exceptions.
SUMMARY OF DIMENSIONAL REQUIREMENTS
Maximum Maximum [Maximum] Minimum
Building Size Building Height Side/Rear Setbacks
FLEXIBLE SETBACK STANDARDS (p. 379)
18.146.040 Expiration of Approval: Standards for Extension of Time
A. Approval of a flexible setback shall be void [after one-and-one-half
years] unless:
10/19/90 - CDC REVISION PAGE 29
8. The Director shall, upon written request by the applicant and payment of
the required fee, grant an extension of the approval period not to
exceed [12 montha] ane year, provided that:
2. The applicant can show intent of initiating construction [of] on
the site within the (12-month) one year extension period; and
3. There have been no changes [in] to the (facts or] applicable
comprehensive plan policies and ordinance provisions on which the
approval was based.
C. Notice of the decision shall be provided to the applicant. The
Director s decision may be appealed by the applicant as provided by
Subsection 18.32.310 A..
TREE REMOVAL (pp. 386-387)
18.150.035 Expiration of Approval - Extension of Time - Revocation
B. 3. There have been no changes [in] to the (facts or] applicable
comprehensive plan policies and ordinance provisions on which the
approval was based;
D. Notice of the decision shall be provided to the applicant. The
Directors decision may be appealed by the applicant as provided by
Subsection 18.32.310 A..
LAND DIVISION: SUBDIVISION (pp. 388-395)
18.160.020 General Provisions
A. 1. The preliminary plat shall be approved by the Hearings Officer
[Commission] before......
C. When subdividing tracts into large lots, the Hearings_ Officer
[Commission] shall......
18.160.030 Administration and Approval Process
E. 1. Schedule a public hearing to be held by the Hearings Officer
[Commission] within......
2. Furnish one [two copies] copy for the proposed preliminary plat to
the City Engineering Division;
3. Furnish one copy of the preliminary plat and supplemental material
to:
a. The Washington County Department of Land Use and
Transportation (County surveyor]; and
10/19/90 - CDC REVISION PAGE 30
1
4. Incorporate all staff recommendations into a report to the Hearings
Officer (Commission].
F. 1. The Hearings Officer [Commission] shall approve, approve with
conditions, or deny any application for preliminary plat. The
Hearings Officer [Commission] shall......
G. The decision of the Hearings Officer [Commission] may......
18.160.040 Expiration of Agproval. Standards for Extension of Time
A. The preliminary plat approval by the Hearings Officer [Commission]
shall......
B. The [Commission] Director shall, upon written request by the applicant
and payment of the required fee, grant one extension of the approval
period not to exceed one year; provided that:
1. No changes are made on the original preliminary plat plan as
approved by the [Commission] Hearings Officer;
3. There have been no changes [in the facts or] to the applicable
comprehensive plan policies and ordinance provisions on which the
approval was based.
C. (No notice shall be required and the Director's decision may be appealed
as provided by 18.32.310 A..] Notice of the decision shall be provided
to the applicant The Director's decision may be appealed by the
applicant as provided by Subsection 18.32.310 A.-
18.160.050
..18 160 050 Phased Development
A. The Hearings Officer [Commission] may......
18.160.060 Approval Standards: Preliminary Plat
A. The Hearings Officer [Commission] may......
B. The Hearings Officer [Commission] may......
18.160.080 Variances Authorized
A. Variances to the subdivision regulations prescribed by this title may be
authorized by the [commission], and......
18.160.110 Appeal
A. The Hearings Officer's [commission's] action......
18.160.120 criteria for Granting a variance
A. The Hearings Officer [Commission] shall......
{{' 10/19/90 - CDC REVISION PAGE 31
\w
B. A variance may be approved[,] or approved with conditions[, or denied]
provided the Hearings Officer [Commission] finds:
10-19-90.CDC/kl
ti
10/19/90 - CDC REVISION PAGE 32 €
F
e
f
c
C,