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(A) Timing of requests. The City Council may establish a schedule for when it will accept legislative code amendment or plan amendment requests, or the City Council may initiate its own legislative proposals at any time, including zone changes required when property is annexed to the City of Banks. Legislative requests are not subject to the 120-day review period under O.R.S. 227.178.
(B) Application requirements.
(1) Application forms. Legislative applications shall be made on forms provided by the City Planning Official.
(2) Submittal information. The application shall contain all of the following information:
(a) The information requested on the application form;
(b) A map and/or plan addressing the appropriate criteria and standards in sufficient detail for review and decision (as applicable);
(c) The required fee, except when the City of Banks initiates the request; and
(d) One copy of a letter or narrative statement that explains how the application satisfies each and all of the relevant approval criteria and standards; and
(e) Evidence of neighborhood contact, pursuant to § 151.236.
(C) Procedure.
(1) Hearings on legislative land use requests are conducted similar to City Council hearings on other legislative proposals, except the notification procedure for legislative land use requests must conform to state land use laws (O.R.S. 227.175), as follows:
(2) The city shall notify in writing the Oregon Department of Land Conservation and Development (DLCD) of legislative amendments (zone change, rezoning with annexation, or comprehensive plan amendment) at least 35 days before the first public hearing at which public testimony or new evidence will be received. The notice shall include a DLCD Certificate of Mailing.
(3) At least 20 days, but not more than 40 days, before the date of the first hearing on an ordinance that proposes to amend the comprehensive plan or any element thereof, or to adopt an ordinance for any zone change, a notice shall be prepared in conformance with O.R.S. 227.175 and mailed to:
(a) Each owner, resident or tenant whose property would be directly affected by the proposal, e.g., rezoning or a change from one Comprehensive Plan land use designation to another, see O.R.S. 227.186 for instructions;
(b) Any affected governmental agency;
(c) Any person who requests notice in writing; and
(d) For a zone change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with O.R.S. 227.175.
(4) At least 10 days before the scheduled City Council public hearing date, public notice shall be published in a newspaper of general circulation in the city.
(5) For each mailing and publication of notice, the City Recorder shall keep an affidavit of mailing/publication in the record.
(D) Final decision and effective date. A legislative land use decision, if approved, shall take effect and shall become final as specified in the enacting ordinance or, if not approved, upon mailing of the notice of decision to the applicant. Notice of a legislative land use decision shall be mailed to the applicant, all participants of record, and the Department of Land Conservation and Development within 20 business days after the City Council decision is filed with the City Recorder. The city shall also provide notice to all persons as required by other applicable laws.
(Ord. 2021-08-02, passed 10-12-2021)
(A) Time limit - 120-day rule. The city shall take final action on administrative and quasi-judicial land use applications, pursuant to this chapter, including resolution of all appeals, within 120 days from the date the City Planning Official deems the application complete for purposes of processing, unless the applicant requests an extension in writing. Any exceptions to this rule shall conform to the provisions of O.R.S. 227.178. (Note: The 120-day rule does not apply to legislative land use decisions.).
(B) Time periods. In computing time periods prescribed or allowed by this chapter, the day of the act or event from which the designated period of time begins shall not be included. The last day of the period shall be included, unless it is a Saturday, Sunday, or a legal holiday, in which case the period runs until the end of the next day that is not on a weekend or legal holiday.
(C) Consolidated review of applications. When an applicant applies for more than 1 type of land use or development permit for the same 1 or more contiguous parcels of land, the city may consolidate the applications and review them concurrently. When proceedings are consolidated, required notices may be consolidated, provided the notice shall identify each application to be decided. When more than 1 application is reviewed in a hearing, separate findings and decisions shall be made on each application.
(D) City Planning Official duties. The City Planning Official, or their designee, shall perform all of following duties with regard to administration of this Code:
(1) Prepare application forms based on in the provisions of this Code and applicable state law;
(2) Prepare required notices, and process applications for review and action;
(3) Assist the Planning Commission and City Council in administering the land use hearings process;
(4) Answer questions from the public regarding the city's land use regulations;
(5) Prepare staff reports summarizing pending applications, including applicable decision criteria;
(6) Prepare findings consistent with city decisions on land use and development applications;
(7) Prepare notices affinal decisions, and submit notices with the City Recorder who shall mail a copy of the notices to all parties entitled to notice under this Code; and
(8) Assist the City Recorder in maintaining files and public record for land use applications.
(Ord. 2021-08-02, passed 10-12-2021)
(A) Purpose and applicability. Applicants for master planned development, subdivision, or site design review on projects involving parcels or lots larger than one acre, and property owner-applicants for zone changes, are required to contact neighboring property owners, residents and tenants and offer to hold a meeting with them prior to submitting an application. This is to ensure that affected property owners are given an opportunity to preview a proposal and offer input to the applicant before a plan is formally submitted to the city, thereby raising any concerns about the project and the project's compatibility with surrounding uses early in the design process when changes can be made relatively inexpensively.
(B) Notice. Notice of the meeting must be given in writing and delivered in person, or by certified mail, to all of the property owners, residents and tenants whose property is located within 300 feet of the site, at their addresses of record at the Washington County Assessor's office, at least 14 days before the meeting and at least 21 days before submitting the application to the city. The notice must state the time, place, and purpose of the meeting, including a description of the proposed development.
(C) Meeting place, date, and time. The meeting must be held within the city limits at a location obtained or provided by the applicant with sufficient room for the expected attendance. The meeting place must be accessible to persons with disabilities. It must be scheduled at a date and time reasonably calculated to allow maximum participation by interested property owners, typically weekdays after 6:00pm or on weekends.
(D) Conduct of meeting. At the meeting, the applicant, or the applicant's agent/representative, must present sufficient information about the proposed development to inform the property owners in attendance of the nature of the proposal and impacts it may have on neighboring properties, including transportation impacts. Persons attending must be allowed to ask questions and make comments. The applicant, or the applicant's agent/representative, must make a sound or video recording or keep written minutes of the meeting that give a true reflection of the matters discussed at the meeting and the views of the participants. The applicant must also make a list of names of persons attending the meeting.
(E) Filing requirements. Proof of having held the meeting, even if no affected property owners attend, is required and must be submitted to the city with a land use application for the application to be deemed complete. Copies of the following information must accompany the land use application: a copy of the notice mailed, certified mail receipts, all addresses for which notice was mailed (e.g., copy of mailing labels), a certificate of personal service for those persons who were provided notice by personal service (including the date of service and the name of the person who provided service), a record or minutes of the meeting with a list of attendees, and copies of the meeting notice and all other written materials provided prior to or distributed at the meeting.
(Ord. 2021-08-02, passed 10-12-2021)
(A) The City Council shall establish by resolution, and may from time to time by resolution amend, a uniform schedule of fees to be paid at the time of filing any application requiring approval or action by the Planning Director, Planning Commission, or City Council under the provisions of the Zoning Code. In like manner, the City Council shall establish the fees to be paid for filing notice of appeal under the provisions of this code.
(B) The fees shall be for the purpose of helping to defray the costs of giving notice of hearing where required, and the expenses to the city in processing and investigating the applications and appeals. Copies of the fee schedule shall be kept at City Hall and shall be available for public inspection.
(Ord. 2021-08-02, passed 10-12-2021)
(A) Land use approvals, with the exception affinal plat applications, zoning map or code amendments, and planned unit developments, which do not expire or in the case of preliminary plat expire after 4 years, shall become void if within 2 years of the date of the final decision a building permit has not been issued and/or no substantial construction has taken place. The City Council may extend the validity of the approval for an additional period not to exceed 1 year on request.
(B) If a decision is appealed beyond the jurisdiction of the city, the 1-year expiration period will not begin until the appeal is terminated.
(Ord. 2021-08-02, passed 10-12-2021)
SITE DESIGN REVIEW
The purpose of this subchapter is to advance all the following objectives in the public interest:
(A) Carry out the development pattern and plan of the city and its comprehensive plan policies through efficient and effective review of site development proposals;
(B) Provide a discretionary review path for projects that need or prefer more flexibility than is allowed by the clear and objective standards;
(C) Promote the public health, safety, and general welfare;
(D) Provide for adequate multimodal transportation, water supply, sewage, fire protection, pollution control, surface water management, and protection against natural hazards; and
(E) Encourage efficient use of land resources and public services, and the provision of transportation options.
(Ord. 2021-08-02, passed 10-12-2021)
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