A. Acceptance Of Applications: Applications shall be accepted only from property owners or their authorized agents. Applications may only be made using forms provided for that purpose by the city, and will not be considered complete until the required fee has either been paid or waived by decision of the council.
B. Contents Of Application: At a minimum, the application will include:
1. A description of the land use action being applied for; and
2. A site plan, drawn to scale, showing lot lines, the dimensions and location of existing and proposed structures, easements, street access, and structures abutting properties within ten feet (10') of the lot line. (Ord. 652, 6-4-2008)
C. Agency Notice Of Application: Notice of the receipt of a complete application will be sent to interested agencies such as city departments, police and fire districts, school district, utility companies, and applicable city, county, and state agencies. Affected jurisdictions and agencies could include the department of environmental quality, the Oregon department of transportation, and Columbia County rider. Notice of projects affecting state transportation facilities will be sent to ODOT. Referrals will be sent to affected neighborhood associations. (Ord. 659, 11-4-2009)
D. Quasi-Judicial Hearings: A hearing that will result in a determination as to the permissible use of a specific property shall be conducted as a quasi-judicial hearing. All parties are entitled to an opportunity to be heard, to present and rebut evidence, and to have a decision based on the evidence and supported by the findings of fact as part of the record.
1. The city manager shall review each application for completeness. If the application does not meet the applicable requirements, the city manager shall advise the applicant of the deficiencies prior to placing it on the planning commission's agenda. The applicant may withdraw the application at any point up to the time that the public hearing is opened. The planning commission may refuse to hear an incomplete application, and may return it to the applicant for additional information.
2. The city manager may place the application on the planning commission's agenda for a public hearing to be held within forty (40) days of the date the application was found to be complete.
3. Copies of the complete application shall be distributed by the city manager to members of the city staff and to the Clatskanie rural fire department and to affected agencies for their comments.
4. Following the review period, the city manager shall coordinate and assemble the application data and reports and distribute to the planning commission, applicant, city staff and to the press, not less than five (5) days prior to the hearing date.
5. The city shall take final action on an application within the time period required by state law, unless the applicant requests an extension, or the parties have agreed to mediation. An issue which may be the basis for an appeal to the land use board of appeals shall be raised not later than the close of the record at or following the final evidentiary hearing on the proposal. Such issues shall be raised with sufficient specificity so as to afford the hearings body and the parties an adequate opportunity to respond to each issue.
E. Legislative Hearings: A hearing on a proposed change that is general in nature or large in size of area and, therefore, affects a significant number of properties and owners, shall be conducted as a legislative hearing. The city council, planning commission, advisory board or record owner of property, may initiate the application process.
1. The procedures described in subsections D1 through D4 of this section shall apply.
2. A minimum of two (2) hearings, one before the planning commission and one before the city council, is required except where only a hearing by the city council is required.
3. Any applicable statewide planning goals and guidelines adopted under Oregon Revised Statutes chapter 197, applicable comprehensive plan policies and provisions of the implementing ordinances shall apply.
4. Notice of the hearing shall be published in a newspaper of general circulation at least ten (10) days prior to the hearing. The procedures described in subsections F3 through O of this section shall apply. (Ord. 652, 6-4-2008; amd. Ord. 659, 11-4-2009)
F. Notice Of Public Hearings: Notice shall be provided in the following manner, depending on the type of action:
1. Quasi-Judicial: The quasi-judicial land use hearing notice requirements shall be provided in accordance with the provisions of Oregon Revised Statutes 197.763 and as follows:
a. Notice shall be published in a newspaper of general circulation at least ten (10) days before the hearing. Based upon unforeseeable and special issues particular to the subject property, the city council may at the time of scheduling the public hearing increase the public hearing notification area beyond the area specified by the code section being considered;
b. Notice shall be posted in three (3) conspicuous public places in the city at least twenty (20) days before the hearing;
c. Notice shall be sent by mail at least twenty (20) days before the hearing to:
(1) The applicant or representative;
(2) All property owners of record within two hundred fifty feet (250') of the boundaries of the subject property;
(3) Any recognized neighborhood or community organizations whose boundaries include the site or whose resources may be impacted by the proposal;
(4) Any public agency or utility whose property, services or facilities may be affected, such as Columbia County, the Oregon department of transportation, and Columbia County rider. The reviewing staff shall determine the extent of notice to the additional public agencies or utilities based on perceived interest or impact. (Ord. 659, 11-4-2009)
2. Legislative: The legislative land use hearing notice requirements shall be regulated by subsection E of this section and under Oregon Revised Statutes.
3. Contents Of Notice: The notice provided by the city shall:
a. Explain the nature of the application and the proposed use or uses which could be authorized;
b. List the applicable criteria;
c. Identify the subject property;
d. State the date, time and location of the hearing;
e. State that failure of an issue to be raised in a hearing, in person, or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue precludes appeal to the land use board of appeals based on that issue;
f. Include the name of local government representative to contact and the telephone number for additional information; and
g. State that a copy of the application and all related documents will be available for inspection (at the counter) at no cost at least seven (7) days prior to the hearing and that the public may obtain copies, for their own use, at reasonable cost.
G. Owner Of Record: The city shall use, for the purpose of ascertaining the property owners, the names and addresses of the owner of record, as shown in the current copy of the Columbia County assessor records.
H. Failure To Receive Notice: Failure to send notice to an individual, or failure of a person to receive notice, shall not invalidate any proceeding.
I. Ex Parte Contacts: Members of the hearing body shall not communicate with representatives of either the proponents or opponents in a land use action unless opportunity is provided for all parties involved (including the entire hearing body) to participate. At the commencement of the hearing, members of the hearing body shall reveal any prehearing contact they may have had with the applicant, the applicant's representative, or with anyone in opposition to the proposal.
J. Hearing Commencement, Statement: At the commencement of the hearing a statement shall be made to those in attendance that:
1. Lists the applicable substantive criteria;
2. States that testimony and evidence must be directed toward the criteria or toward some other criteria in the plan or land use regulations which the person believes to apply to the decision; and
3. States that failure to raise an issue with sufficient specificity to afford the decision maker and the parties an opportunity to respond to the issue precludes appeal to the land use board of appeals on that issue.
K. Planning Commission Action: The planning commission shall, depending on the type of land use application involved, take the following action:
1. Quasi-Judicial: The planning commission shall, following a public hearing, approve or disapprove the request. If the decision is to approve, the planning commission may add conditions designed to guarantee fulfillment of public service demands created or increased by the proposed use, and mitigate any adverse effects upon surrounding property owners or the city.
2. Legislative: The planning commission may recommend that the city council approve, deny or modify the proposed amendment.
3. Criteria: The applicant has the burden of proof on all criteria. For all applications, it shall be established that:
a. The proposal conforms with the city comprehensive plan; and
b. The proposal complies with all applicable statutory and ordinance requirements and regulations.
4. Continuation: A hearing may be continued, if necessary, to obtain more information. If the hearing body announces the date, time and place of the next meeting, no additional notice is required; however, to encourage citizen involvement, the city may choose to provide additional notice.
5. Findings: The planning commission shall make findings, based upon the record before it, to support its decision.
L. Appeal Period: The ten (10) day appeal period shall begin on the date the order is signed.
M. Notice Of Council Hearing: Notice of a city council hearing shall be given in the same manner as described in subsection F of this section, depending on the type of land use action being requested.
N. Council Action: For those land use actions requiring council approval, the planning commission's recommendation shall be considered during the hearing, and may be adopted, modified or rejected.
O. Reapplication: Following denial of an application, or of an appeal, the applicant shall be required to wait a period of twelve (12) months before filing a similar request. (Ord. 652, 6-4-2008; amd. Ord. 659, 11-4-2009)