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§ 152.208 APPEALS.
   The hearings body may retain authority to dismiss an appeal for failure to follow the requirements of this chapter.
   (A)   Appeals of a decision of the City Planner. Where it is alleged that there is an error in any procedure or decision made by the City Planner, an appeal may be made therefrom to the Planning Commission on a form prescribed by the city. An applicant’s appeal of a City Planner action shall be filed within 15 days of the effective date of the decision. In the event that the final day for the filing of an appeal falls on a Saturday, Sunday, or legal holiday, the period for the filing of an appeal shall be extended through the next working day. An appeal of a City Planner decision shall be filed with the city and shall be accompanied by a written statement of the grounds for the appeal and any required filing fee and deposit for costs. Upon receipt of an appeal, the city shall schedule a public hearing before the Planning Commission. Public notice of the hearing shall be in accordance with § 152.206 of this subchapter.
   (B)   Appeals of a decision of the Planning Commission. Where it is alleged that there is an error in any procedure or decision made by the Commission, an appeal therefrom may be made to the City Council. Such an appeal shall be filed with the city within 15 days of the effective date of the subject decision of the Commission. In the event that the subject decision falls on a Saturday, Sunday, or legal holiday, the period for the filing of an appeal shall be extended through the next working day. An appeal of a Commission decision subject to review by the City Council pursuant to this section shall be filed on a form prescribed by the city and shall be accompanied by any required filing fee and deposit for costs. When an appeal is filed, within ten days of such filing, the City Planner shall provide to the City Council the record of the proceedings and decision of the Commission. The City Council shall hold a public hearing on the appeal. Public notice of the appeal shall be in accordance with § 152.206(B) of this subchapter.
   (C)   City Council action.
      (1)   The Council may affirm, modify, or reverse all or part of the action of the Commission or may remand the matter for additional review or information.
      (2)   The City Council may, on its own motion, review any decision of the City Planner or the Planning Commission pursuant to the review procedures. Such motion shall be made within 14 days of the effective date of the decision to be reviewed.
      (3)   The city shall provide notice of a decision to any party participating in a hearing.
(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)
§ 152.209 ACTION FEES.
   (A)   The applicant or appellant in any actions subject to § 152.204(A), (B), or (C) of this subchapter within the jurisdiction of the city is responsible for all costs incurred by the city in processing and preparing the action. Deposits and fees are required to be paid to the city upon filing of an application. The amounts of deposits and fees shall be established by resolution of the City Council and may be amended from time to time by resolution. Deposits are required for costs particular to the application.
   (B)   These costs include, but are not limited to, costs incurred by the city for staff reports, professional services, public notices, postage, and copies. Any deposit funds remaining at the completion of the action shall be refunded to the applicant or appellant pursuant to § 152.210 of this subchapter. Fees are required for overhead costs not particular to the application and are not refundable.
(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)
§ 152.210 LAND USE ACTION COSTS.
   Upon expiration of the appeal period for a land use action initiated pursuant to this chapter, the city shall provide the applicant or appellant with a statement showing the total cost of the action. This statement shall be accompanied by a refund of the balance of any remaining deposit funds after all costs incurred by the city in processing the application have been withheld as reimbursement to the city.
   (A)   In the event a land use action requires a protracted evaluation, additional deposits may be required to cover expenses incurred by the city. Additional deposits under this section shall be paid to the city prior to final action being taken by the hearings body.
   (B)   In the event the applicant or appellant withdraws a request for a land use action or appeal, all costs incurred by the city for the action from the date of application to the date of withdrawal shall be withheld from the deposit and the balance refunded to the applicant.
   (C)   Notwithstanding the provisions of this section and § 152.209 of this subchapter, the City Council may waive any or all portions of land use application costs.
   (D)   An application for a land use action or appeal shall be considered voluntarily withdrawn if the applicant or appellant fails to provide required additional deposit amounts within 30 days of receiving notice to do so or by the 120-day limit for the city to take final action once the application is deemed complete, whichever occurs sooner.
(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)
DEVELOPMENT GUIDELINES
§ 152.225 PURPOSE.
   Some areas of the city are located on steep slopes, have erosion or landslide potential, or are otherwise of concern. The purpose of this section is to minimize hazards and threats to life and property by regulating building, grading, land clearing, and other human activities in areas identified with landslide topography, steep slopes, areas subject to erosion, high groundwater table, and other hazards. It is also the intent of this subchapter to protect life and property by reducing building density in these areas, by requiring special construction techniques, and by requiring the study of such areas by a state-registered engineering geologist prior to any activity.
(Ord. 24, passed 4-5-1976; Ord. 85, passed 3-15-1982; Ord. 172, passed 10-7-1991; Ord. 239, passed 6-2-1997; Ord. 256, passed 4-6-2004; Ord. 287, passed 5-4-2010)
§ 152.226 WEAK FOUNDATION SOILS.
   (A)   Many areas within the city are located on areas described by the soil conservation service as containing “weak foundation soils” or other soils limitations.
   (B)   Construction techniques, through the Building Code, require the effect of weak foundation soils or other soil limitations to be considered in the construction process.
   (C)   Construction of structures on areas of weak foundation soils or other soils limitations is not deemed to pose a significant hazard to life or property outside the property boundaries. The manner provided in the Building Code to address problems arising from weak foundation soils or other soils limitations is deemed to be an adequate means of protection of life and property. This statement serves as a warning for development on weak foundation soils.
(Ord. 24, passed 4-5-1976; Ord. 85, passed 3-15-1982; Ord. 172, passed 10-7-1991; Ord. 239, passed 6-2-1997; Ord. 256, passed 4-6-2004; Ord. 287, passed 5-4-2010)
§ 152.227 DISCHARGE OF SEDIMENT OR WATER.
   (A)   Property owners or other persons in charge of property shall not cause, or permit to be caused, the discharge of sediment or water onto adjoining property or the public right-of-way unless the permit application is accompanied by a drainage plan accepted by the affected property owners, or the applicant has demonstrated compliance with state laws regarding discharge of sediment or water.
   (B)   The following measures are suggested as possible means to prevent such discharges:
      (1)   Minimal removal of vegetative cover, particularly trees;
      (2)   Temporary measures for controlling run-off, such as berms or holding ponds;
      (3)   The planting of vegetative cover as soon as possible after each phase of construction, including excavation, grading, and/or land clearing; and
      (4)   Design of the site to avoid steep areas or other hazards.
(Ord. 24, passed 4-5-1976; Ord. 85, passed 3-15-1982; Ord. 172, passed 10-7-1991; Ord. 239, passed 6-2-1997; Ord. 256, passed 4-6-2004; Ord. 287, passed 5-4-2010)
§ 152.228 AFFECTED AREAS.
   The following areas and activities shall be subject to the requirements of this subchapter:
   (A)   Areas identified as being geologically hazardous by Environmental Geology of Lincoln County, Oregon, 1973, Oregon Department of Geology and Mineral Industries, or Environmental Hazard Inventory, Coastal Lincoln County Oregon, RNKR Associates, 1978. These documents are referenced as part of the Comprehensive Plan and are available in the office of the City Recorder;
   (B)   Areas identified by the Natural Resource Conservation Service as having high groundwater;
   (C)   Areas containing slopes in excess of 20%. (Areas generally containing significant slopes are identified on the attached map. Sites in this area are “affected” unless shown otherwise per § 152.233 of this subchapter); and
   (D)   Areas fronting the ocean or coastal bluff that are seaward from the line set by the coastal setback requirements of § 152.234 of this subchapter.
(Ord. 24, passed 4-5-1976; Ord. 85, passed 3-15-1982; Ord. 172, passed 10-7-1991; Ord. 239, passed 6-2-1997; Ord. 256, passed 4-6-2004; Ord. 287, passed 5-4-2010)
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