§ 151.217 WHEN TRAFFIC IMPACT STUDY IS REQUIRED; PREPARATION.

   The purpose of this section of the code is to assist in determining which road authorities participate in land use decisions, and to implement Section 660-012-0045(2)(e) of the State Transportation Planning Rule that requires the city to adopt a process to apply conditions to development proposals in order to minimize impacts and protect transportation facilities. This chapter establishes the standards for when a proposal must be reviewed for potential traffic impacts; when a traffic impact analysis must be submitted with a development application in order to determine whether conditions are needed to minimize impacts to and protect transportation facilities; what must be in a traffic impact analysis; and who is qualified to prepare the study.

   (A)   When a traffic impact study is required. The city or other road authority with jurisdiction may require a Traffic Impact Analysis (TIA) as part of an application for development, a change in use or a change in access. A TIA shall be required when a land use application involves one or more of the following actions:

      (1)   A change in zoning or a plan amendment designation;

      (2)   Any proposed development or land use action that a road authority states may have operational or safety concerns along its facility(ies);

      (3)   An increase in site traffic volume generation by 300 Average Daily Trips (ADT) or more;

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

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

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

      (7)   A change in internal traffic patterns that may cause safety problems, such as back up onto a street or greater potential for traffic accidents.

   (B)   Traffic impact study preparation. A traffic impact analysis shall be prepared by a professional engineer in accordance with the requirements of the road authority. If the road authority is the Oregon Department of Transportation (ODOT), consult ODOT's regional development review planner and OAR 734-051-180.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.218 PERFORMANCE BONDS.

   Performance bonds may be required in the cases where the City Council determines that such shall be necessary to guarantee proper completion of required improvements within time periods specified.

(Ord. 2021-08-02, passed 10-12-2021)

APPLICATIONS AND REVIEW PROCEDURES

§ 151.230. PURPOSE AND APPLICABILITY.

   (A)   Purpose. This chapter establishes standard decision-making procedures for the review of land use and development applications, affording the public a means of participating in the local decision-making process in an efficient manner. Table 4.1-A provides a key for determining the applicable review procedure for land use approvals in the City of Banks.

   (B)   Applicability of review procedures. All land use and development permits and approvals in the city shall follow the procedures contained in this chapter. The procedure "type" assigned to each application governs the decision-making process for that permit or approval. There are 4 types of permit/approval procedures as described below and as identified in Table 4.1-A.

      (1)   Type I procedure (staff review - zoning checklist). Type I decisions are made by the City Planning Official, or their designee, without public notice and without a public hearing. Type I decisions are not appealable. A Type I procedure is used in applying city standards and criteria that do not require the use of discretion (i.e., there are clear and objective standards).

      (2)   Type II procedure (administrative/staff review with notice). Decisions are made by the City Planning Official, with public notice and an opportunity for appeal to the Planning Commission. Alternatively, the City Planning Official may refer an administrative land use application to the Planning Commission for its review and decision in a public meeting.

      (3)   Type III procedure (quasi-judicial review - public hearing). Type III decisions are made by the Planning Commission after a public hearing, with an opportunity for appeal to the City Council; or in the case of a quasi-judicial zone change (e.g., a change in zoning on one property to comply with the Comprehensive Plan), a Type III decision is made by the City Council on recommendation of the Planning Commission. Quasi-judicial decisions involve discretion but implement established policy.

      (4)   Type IV procedure (legislative review). The Type IV procedure applies to the creation or revision, or large-scale implementation, of public policy (e.g., adoption of regulations, zone changes, annexation, and comprehensive plan amendments). Type IV reviews are considered by the Planning Commission, which makes a recommendation to City Council. City Council makes the final decision on a legislative proposal through the enactment of an ordinance. Appeals of a City Council Type IV decision go to the Oregon Land Use Board of Appeals (LUBA).

TABLE 4.1-A: SUMMARY OF APPROVALS BY TYPE OF REVIEW PROCEDURE
Approvals*	Review Procedures	Applicable Regulations
Adjustments	Type II	§§ 151.320 - 151.324 Adjustments and Variances
Amendments to Zoning Map or Text	Type III or IV	§§ 151.300 - 151.306 Amendments to Comprehensive Plan, Zoning Map, and Text
Annexation	Type IV	Banks Municipal Code, §§ 33.01 - 33.06
Code Interpretation	Type II or III	§ 151.006 Code Interpretations
Comprehensive Plan Map or Text Amendment	Type IV	§§ 151.300 - 151.306 Amendments to Comprehensive Plan, Zoning Map, and Text
Conditional Use Permits	Type III	§§ 151.270 - 151.273 Conditional Use Permits
Historic Resource Alteration or Demolition	Typ e III	§ 151.065 Historic Resource Overlay Zone H
Home Occupation	Type I or III	§§ 151.075 - 151.085 Special Use Standards §§ 151.250 - 151.256 Site Design Review §§ 151.270 - 151.273 Conditional Use Permits
Legal Lot Determination	Type I	§ 151.005 Lot of Record and Legal Lot Determination
Master Planned Developments    Concept Plan    Detailed Development Plan    Site Design Review	Type III Type II Type II	§§ 151.335 - 151.344 Master Planned Developments §§ 151.250 - 151.256 Site Design Review
Modifications to Approved Plans and Conditions    Minor Modifications    Major Modifications	Type I or II Type III	§§ 151.285 - 151.288 Modifications to Approved Plan and Conditions
Nonconforming Situations	Type II	§ 151.355 Nonconforming Situations
Parking Determination	Type II	§ 151.173 Parking Determination
Partition or Replat of 2 - 3 lots    Preliminary Plat    Final Plat	Type III Type I	§ 152.004 § 152.009
Property Line Adjustments, Including Lot Consolidations	Type I	§ 152.012
Site Design Review	Type I, II or III	§§ 151.250 - 151.256 Site Design Review
Subdivision or Replat of 4 or more lots    Preliminary Plat    Final Plat	Type III Type II	§ 152.004 § 152.009
Vpariance	Type III	§§ 151.320 - 151.324 Adjustments and Variances
Zoning Checklist	Type I	§ 151.231 Type I Procedure
*The applicant may be required to obtain building permits and other approvals from other agencies, such as a road authority or natural resource regulatory agency. The city's failure to notify the applicant of any requirement or procedure of another agency shall not invalidate a permit or other decision made by the city under this Code.

 

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.231 TYPE I PROCEDURE (STAFF REVIEW AND ZONING CHECKLIST).

   (A)   Type I procedure (staff review). The City Planning Official, or designee, without public notice and without a public hearing, makes ministerial decisions through the Type I procedure. Ministerial decisions are those where city standards and criteria do not require the exercise of discretion (i.e., there are clear and objective standards).

   (B)   Zoning checklist. The City Planning Official reviews proposals requiring a Type I review using a zoning checklist. The zoning checklist is a preliminary review that is intended to ensure a project proposal meets the basic requirements of the applicable zone before more detailed plans are prepared and before the city authorizes the Building Official to issue a building permit.

   (C)   Application requirements.

      (1)   Application forms. Approvals requiring Type I review, including zoning checklists, shall be made on forms provided by the city.

      (2)   Application requirements. When a zoning checklist is required, it shall:

         (a)   Include the information requested on the application form;

         (b)   Address the criteria in sufficient detail for review and action; and

         (c)   Be filed with the required fee.

   (D)   Approval required. The city shall not act upon an application for land use approval, and a building permit shall not be issued, until the City Planning Official has approved a zoning checklist for the proposed project.

   (E)   Criteria and decision. The City Planning Official's review of a zoning checklist is intended to determine whether minimum code requirements are met and whether any other land use permit or approval is required prior to issuance of a building permit.

   (F)   Effective date. A zoning checklist decision is final on the date it is signed by the City Planning Official. It is not a land use decision as defined by O.R.S. 197.015, and therefore is not subject to appeal to the state Land Use Board of Appeals.

(Ord. 2021-08-02, passed 10-12-2021)