Before submitting a claim for compensation, the owner is encouraged to schedule and attend a pre-filing conference with the City Planner to discuss the claim.
(A) The pre-filing conference will follow the procedure set forth by the City Planner and may include other city staff and notice to neighbors, other organizations and agencies.
(B) There will be no fees required for the pre-filing conference and the costs of the conference will not be billed in any cost accounting.
(C) The pre-filing conference is for the owner to provide an oral summary of the owner's demand to the City Planner, and for the City Planner and staff to provide general information to the owner about the substantive and procedural requirements for processing the claim, including applicable land development regulations that may affect the demand. Copies of applicable ordinances will be available for inspection and copies will be provided at the fees established pursuant to the public records policy of the city. The pre-filing conference is not for the interrogation of city employees by counsel for the claimant or by the claimant. Public records law does not require employees to answer questions and such use of this informal conference will not be tolerated.
(D) The pre-filing conference shall have the character of a settlement conference; statements made by representatives of the city and owner at the pre-filing conference are not binding on either party, Neither the City Planner nor other staff are authorized to settle any demand at a pre-filing conference. Any omission or failure by staff to recite to an owner relevant applicable regulations will not constitute a waiver or admission by the city. The city staff cannot advise the claimant regarding their rights or responsibilities under Measure 37. The claimant will be urged to contact an attorney if they have questions regarding their rights and responsibilities.
(1) As an alternative to a Measure 37 claim, a current owner of real property who seeks the waiver of a land use regulation may apply to the City Planner for said waiver on a form which the city shall provide for such purpose. Upon receipt of an application for waiver pursuant to this section, the City Planner shall schedule a meeting with the property owner and appropriate city representatives to review the owner’s claim. If the City Planner concludes that the property owner is entitled to some form of compensation or waiver pursuant to the provisions of Measure 37, city staff will work with the applicant in an effort to agree upon the minimum waiver which will allow the property owner his or her desired use while minimizing the negative impact on other properties within the city. Many Measure 37 claims will require the claimant to file a development application and demonstrate compliance with development standards not covered by a Measure 37 waiver. The city may only waive land use regulations that it adopted; it cannot waive land use regulations adopted by other jurisdictions, i.e., state land use statutes implemented by the City of Banks. In these cases the applicant will need to file a claim with the State of Oregon.
(2) If the property owner and the City Planner come to an agreement concerning the property owners entitlement to a Measure 37 waiver and the terms thereof the owner shall thereafter file a formal Measure 37 claim for a waiver pursuant to this section which thereafter will be presented to the City Council as a joint recommendation of the property owner and the City Planner.
(3) If the City Council approves the alternative claim resolution, the application fee provided in § 30.38(B)(1) shall be waived if the applicant submits their alternative claim as part as part of a standard city land use development application. Land use development application fees however will not be waived.
(E) A pre-filing conference is valid for 6 months from the date it is held. If no claim is filed within 6 months of the conference, the owner must schedule and attend another conference before the city will accept a claim for filing. The City Planner may waive the pre-filing requirements if, in the City Planner's opinion, a pre-filing conference would serve no purpose.
(Ord. 10.050, passed 1-11-2005)