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(B) In considering an amendment to a zoning map, the Planning Commission shall seek to determine the following:
(1) That the change is in accord with the land use plan for the area; and
(2) (a) That there has either been a substantial change in the character of the area since zoning was adopted and which warrants changing the zone; or that the zoning adopted for the area was in error.
(b) If the proposed change is not in accord with the land use plan for the area, the Planning Commission and the City Council shall seek to determine that an alteration of the plan can be justified on the basis that there has been a substantial change in the character of the area since the plan was adopted and which warrants a change in the plan, or that the plan adopted for the area was in error.
(C) The office of the City Recorder shall maintain records of amendments to the text and map of this chapter in a form convenient for use by the public.
(Ord. 24, passed 4-5-1976; Ord. 256, passed 4-6-2004)
No application of a property owner for an amendment to the text of this chapter or to the zoning map shall be considered by the Planning Commission within the one-year period immediately following a previous denial of such request, except the Planning Commission may permit a new application, if in the opinion of the Planning Commission, new evidence or a change of circumstances warrant it.
(Ord. 24, passed 4-5-1976)
Approval of a zoning map amendment may be voided after two years, unless otherwise specified, by the Planning Commission upon finding at a public hearing that substantial construction has not taken place on the rezoned property.
(Ord. 24, passed 4-5-1976)
ADMINISTRATIVE PROVISIONS
The city shall have the power and duty to enforce the provisions of the subchapter.
(Ord. 24, passed 4-5-1976; Ord. 154, passed 9-17-1990; Ord. 172, passed 10-7-1991; Ord. 173, passed 12-2-1991; Ord. 174, passed 3-16-1992; Ord. 256, passed 4-6-2004; Ord. 287, passed 5-4-2010)
Petitions, applications, and appeals provided for in this chapter shall be made on forms prescribed by the city. Applications shall be accompanied by final proposed plans, specifications, and such other information as specified on the application form or by this subchapter. An application shall be deemed complete 30 days after receipt of the material, unless the applicant received prior notice from the city that the application is incomplete. An applicant must apply at one time for all approvals required by this chapter for a development project, except as allowed by the Planning Commission. City action on a consolidated application is subject to the time limitations provided in the applicable state statute. If the applicant for an action is not the property owner, the application shall be accompanied by a letter from the property owner which authorizes the action.
(Ord. 24, passed 4-5-1976; Ord. 154, passed 9-17-1990; Ord. 172, passed 10-7-1991; Ord. 173, passed 12-2-1991; Ord. 174, passed 3-16-1992; Ord. 256, passed 4-6-2004; Ord. 287, passed 5-4-2010)
At the time an application for a permit is submitted for structural improvements which require compliance with setback requirements, the city may require that the applicant provide a copy of a recorded survey which identifies the location of the property line(s) from which the setback is applicable. At the request of the city, the applicant shall also provide:
(A) Certification that the survey monuments are present at the site;
(B) Certification that the property line(s) are identifiable by stake-out of the monuments, and will remain available during the course of the construction to confirm the improvements are in conformance with applicable setbacks;
(C) A statement of understanding that failure to locate the structure in compliance with applicable setbacks may result in city action to pursue remedies found in Section 12.030 of City of Depoe Bay Zoning Ordinance No. 24; and
(D) A foundation survey which documents compliance with the minimum setback requirements.
(Ord. 24, passed 4-5-1976; Ord. 154, passed 9-17-1990; Ord. 172, passed 10-7-1991; Ord. 173, passed 12-2-1991; Ord. 174, passed 3-16-1992; Ord. 256, passed 4-6-2004; Ord. 287, passed 5-4-2010)
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