Loading...
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,