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APPLICATIONS AND REVIEW PROCEDURES
(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).
Approvals* | Review Procedures | Applicable Regulations |
Approvals* | Review Procedures | Applicable Regulations |
Adjustments | Type II | |
Amendments to Zoning Map or Text | Type III or IV | |
Annexation | Type IV | |
Code Interpretation | Type II or III | § 151.006 Code Interpretations |
Comprehensive Plan Map or Text Amendment | Type IV | |
Conditional Use Permits | Type III | |
Historic Resource Alteration or Demolition | Typ e III | § 151.065 Historic Resource Overlay Zone H |
Home Occupation | Type I or III | |
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 | |
Modifications to Approved Plans and Conditions Minor Modifications Major Modifications | Type I or II Type III | |
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 | |
Subdivision or Replat of 4 or more lots Preliminary Plat Final Plat | Type III Type II | § 152.004 § 152.009 |
Vpariance | Type III | |
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)
(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)
The City Planning Official, or their designee, performs administrative staff reviews through the Type II procedure. Type II 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 a Type II application to the Planning Commission for its review and decision in a public meeting.
(A) Application requirements.
(1) Application forms. Applications for projects requiring an administrative land use decision shall be made on forms provided by the City Planning Official.
(2) Submittal information. The City Planning Official shall advise the applicant on what constitutes a complete application. At a minimum, the application shall include all of the following:
(a) The information requested on the application form;
(c) A written statement or letter explaining how the application satisfies each and all of the relevant code criteria and standards in sufficient detail;
(d) Information demonstrating compliance with prior decision(s) and conditions of approval for the subject site, as applicable; and
(e) The required fee.
(B) Procedure.
(1) The City Planning Official shall mail notice of a pending Type II decision to the individuals and agencies identified in (B)(2) below no fewer than 14 days prior to making the Type II decision .
(2) The purpose of the Pending Type II notice is to give nearby property owners and other interested people and agencies the opportunity to submit written comments on the application before the Planning Official issues the decision. The intent is to invite people to participate early in the decision-making process. Notices shall be mailed to:
(a) All owners, residents or tenants of record of real property within a minimum of 300 feet of the subject site;
(b) Any person who submits a written request to receive a notice; and
(c) Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the city and any other affected agencies. At a minimum, the City Planning Official shall notify the road authority if different than the City of Banks. The failure of another agency to respond with written comments on a pending application shall not invalidate an action or permit approval made by the city under this Code.
(d) The city shall notify the Oregon Department of Transportation of projects involving a change access to a state highway.
(3) The notice of pending administrative decision, at a minimum, shall contain all of the following information:
(a) The deadline for submitting written comments, which must be at least 14 days prior to the scheduled decision date or, as applicable, the scheduled Planning Commission meeting date where an application is referred to the Commission for review;
(b) A summary of the proposal and the relevant approval criteria. The notice must have sufficient detail to help the public identify and locate applicable code requirements;
(c) The address and city contact person for submitting written comments; and the date, time, and location the City Planning Official or Planning Commission, as applicable, is scheduled to make a decision on the application;
(d) The street address or other easily understandable reference to the location of the proposed use or development;
(e) Disclosure statement indicating that if any person fails to address the relevant approval criteria with enough detail, they may not be able to appeal to the Land Use Board of Appeals or Circuit Court on that issue, and that only comments on the relevant approval criteria are considered relevant evidence;
(f) Statement that all evidence relied upon by the City Planning Official or Planning Commission, as applicable, to make its decision is in the public record, available for public review. Copies of this evidence can be obtained at a reasonable cost from the city; and
(g) Statement that after the comment period closes, the city will issue its decision and the decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice.
(4) The failure of another agency to respond with written comments on a pending application shall not invalidate an action or permit approval made by the city under this Code.
(5) At the conclusion of the comment period, the City Planning Official shall review the comments received and prepare a decision notice approving, approving with conditions, or denying the application based on the applicable Code criteria. Alternatively, the City Planning Official may transmit all written comments received, if any, along with a copy of the application to the Planning Commission for review and decision at its next regularly scheduled meeting.
(6) Where the City Planning Official refers an application subject to administrative review to the Planning Commission, the Planning Commission shall approve, approve with conditions, or deny the application through the Type II procedure based on the applicable Code criteria. The Planning Commission may continue its review to the next meeting to allow the applicant time to respond to questions, provided that the Commission makes a final decision within the 120-day period prescribed under state law (O.R.S. 227.178) and as described in § 151.235. Alternatively, the applicant may voluntarily waive his or her right to a final decision within the 120-day timeframe and the Commission may decide to accept oral and written testimony in a public hearing review of the application, pursuant to § 151.233; in which case, a new public notice must be mailed to those who received the original notice indicating the change to a quasi-judicial (public hearing) review procedure.
(7) Within 7 days of a Type II (administrative) decision, the City Planning Official shall proceed to prepare a notice of decision and mail it to the applicant, property owner (if different), the Building Official, those who provided written comments on the proposal, and those who requested a copy of the decision. The City Planning Official shall cause an affidavit of mailing the notice to be prepared and made a part of the file. The affidavit shall show the date the notice was mailed and shall demonstrate that the notice was mailed to the parties above and was mailed within the time required by law.
(8) The administrative notice of decision shall contain all of the following information:
(a) A description of the applicant's proposal and the city's decision on the proposal, which may be a summary, provided it references the specifics of the proposal and conditions of approval in the public record;
(b) The address or other geographic description of the property proposed for development, including a map of the property in relation to the surrounding area (a copy of assessor's map may be used);
(c) A statement of where the city's decision can be obtained;
(d) The date the decision shall become final, unless appealed; and
(e) A statement that all persons entitled to notice may appeal the decision to the Planning Commission or City Council, as applicable, pursuant to § 151.232(C).
(9) Effective date of decision. Unless the conditions of approval specify otherwise, an administrative decision becomes effective 12 days after the city mails the decision notice, unless the decision is appealed pursuant to § 151.232(C).
(C) Appeal of Type II (administrative) decision. A Type II administrative decision made by the City Planning Official may be appealed to the Planning Commission; and a Type II administrative decision made by the Planning Commission may be appealed to the City Council, as applicable, pursuant to the following:
(1) Who may appeal. The following people have legal standing to appeal a Type II administrative decision:
(a) The applicant or owner of the subject property;
(b) Any person who was entitled to written notice of the Type II decision; and
(c) Any other person who participated in the proceeding by submitting written comments on the application to the city by the specified deadline.
(2) Appeal filing procedure.
(a) Notice of appeal. Any person with standing to appeal, as provided in division (C)(1), above, may appeal a Type II administrative decision by filing a notice of appeal according to the following procedures.
(b) Time for filing. A notice of appeal shall be filed with the City Planning Official within the timeframe specified on the notice of decision; typically, this will be within 10 days of the date the notice of decision is mailed.
(c) Content of notice of appeal the notice of appeal shall be accompanied by the required filing fee and shall contain:
1. An identification of the decision being appealed, including the date of the decision;
2. A statement demonstrating the person filing the notice of appeal has standing to appeal;
3. A statement explaining the specific issues being raised on appeal; and
4. If the appellant is not the applicant, a statement demonstrating that the appeal issues were raised during the comment period.
(3) Scope of appeal. The appeal of a Type II administrative decision shall be a hearing de novo, either before the Planning Commission, where the contested decision was made by the City Planning Official, or before the City Council, where the Planning Commission made the contested decision. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the administrative decision, but may include other relevant evidence and arguments. The hearing appeal body may allow additional evidence, testimony, or argument concerning any relevant standard, criterion, condition, or issue.
(Ord. 2021-08-02, passed 10-12-2021)
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