TITLE XVII: DEVELOPMENT CODE
Editor’s Note:
Ord. 2019-04, effective May 28, 2019, enacted this Title XVII and repealed Ord. 2009-01, which enacted the Development Code of 2009. Ord. 2019-04 states, in part: “The provisions appearing in the ‘Development Code’, so far as they are the same as those ordinances or prior code sections existing at the time of the effective date of this Ordinance, shall be considered as continuations thereof and not as new enactments”. References to Ord. 2009-01 throughout this title have not been replaced by references to Ord 2019-04.
Article
1. INTRODUCTION AND PROCEDURES
2. LAND USE REVIEWS
3. ZONING DISTRICTS
4. OVERLAY DISTRICTS
5. SPECIAL PROVISIONS
6. LAND DIVISIONS
7. MISCELLANEOUS PROVISIONS
8. GENERAL DEVELOPMENT STANDARDS
9. RESERVED
10. RESERVED
11. RESERVED
12. USE CATEGORIES AND DEFINITIONS
Section
Introduction and Procedures
17.1.000 How to use this Code
17.1.005 Overview of Article 1
General Administration
17.1.100 Official name
17.1.105 Purpose
17.1.110 Scope and compliance
17.1.115 Severability
17.1.120 Interpretation
17.1.125 Consistency with plans and laws
17.1.130 When land use permits are required
17.1.135 Extension of land use permit
17.1.140 Fees
Application Process and Procedures
17.1.200 Purpose
17.1.205 Consolidated review
17.1.210 Initiation and withdrawal of land use application
17.1.215 Pre-application conference
17.1.220 Neighborhood meeting
17.1.225 Application contents
17.1.230 Application submittal and acceptance
17.1.235 Recognition of interested parties to receive notices
Review Process and Procedures
17.1.300 Overview of review types
17.1.305 Staff report
17.1.310 Conditions of approval
17.1.315 Modification of conditions
17.1.320 Revocation of a previously approved permit
17.1.325 Transfer of approval rights
Type I Process – Administrative Decisions
17.1.400 Definition
17.1.405 Type I applications and approval criteria
17.1.410 Notice
17.1.415 Decision authority
17.1.420 Appeals of Type I decision
17.1.425 Second appeal option of Type I decision
Figure 1-1 Type I Application Process
Type II Process – Limited Land Use Decisions
17.1.500 Definition
17.1.505 Type II applications and approval criteria
17.1.510 Elevation of type II application to the type III process
17.1.515 Notice
17.1.520 Notice content
17.1.525 Fourteen-day comment period
17.1.530 Decision authority
17.1.535 Notice of decision
17.1.540 Appeals
Figure 1-2 Type II Application Process
17.1.545 Second appeal
Type III Process – Quasi-Judicial Land Use Decisions
17.1.600 Definition
17.1.605 Type III applications and approval criteria
17.1.610 Notice
17.1.615 Notice content
17.1.620 Decision authority
17.1.625 Announcement of decision
17.1.630 Basis for decision
17.1.635 Notice of decision
17.1.640 Appeals
Figure 1-3 Type III Application Process
Type IV Process – Legislative Land Use Decision
17.1.700 Definition
17.1.705 Type IV applications and approval criteria
17.1.710 Notice of text amendments
17.1.715 Notice of map amendments
17.1.720 Notice content
17.1.725 Decision authority
Figure 1-4 Type IV Application Process
17.1.730 Announcement of decision
17.1.735 Findings and conclusions
17.1.740 Notice of decision
Enforcement
17.1.800 Violation of code prohibited
17.1.810 Penalty
17.1.820 Complaints regarding violations
17.1.830 Inspection and right of entry
17.1.840 Abatement of violations
17.1.850 Stop-order hearing
INTRODUCTION AND PROCEDURES
This Development Code (Code) is organized as a reference document and is not intended to be read from cover to cover. Instead, it is organized so you may look up only the parts you need. The list of articles in the table of contents is very important, as are the section listings at the beginning of each article. Tables and charts are used in many places to summarize information.
The Code is divided into nine articles, with each article containing related information. Note that numbers 9–11 are held for future articles:
∙
Article 1 - Introduction and Procedures
∙
Article 2 - Land
Reviews
∙
Article 3 - Zoning Districts
∙
Article 4 - Overlay Districts
∙
Article 5 - Special Provisions
∙
Article 6 - Land Divisions
∙
Article 7 - Miscellaneous Provisions
∙
Article 8 - General
Standards
∙
Article 12 -
Categories and Definitions
Article 1 provides basic information on the purpose and legal framework of the Code and describes how land permits are classified for review under four different categories of procedure (Type I – Type IV). Information on requirements, review, public notice, public hearings and are included in this article along with general provisions on administering the Code.
Article 2 describes the various land reviews and assigns decision authority. Some reviews may be applied for at the discretion of the , such as a or adjustment request. Other reviews are mandatory in certain situations, such as design review. Article 2 includes the approval criteria for the land reviews and cross-references the applicable procedures from Article 1.
Article 3 contains the standards for the different zoning districts. The districts are grouped into the following categories:
∙
Residential Zones
∙
Institutional Zone
∙
Commercial and Mixed
Zones
∙
Town Center Zones
∙
Industrial Zones
Article 3 states which uses are permitted in each district, which uses are allowed in limited situations, which are , and which are prohibited. The general standards for each district are also included in Article 3. The standards include requirements such as maximum and .
Article 4 contains the standards for overlay districts. Overlay districts consist of regulations that address specific subjects that may be applicable in a variety of areas in the . The Code includes two overlay districts:
∙
Master Plan
∙
Planned
∙
Mixed
Planned
Overlay districts apply in conjunction with the base
and can modify the regulations and standards of the base district. The Official Zoning Map identifies the location of the zoning districts and overlay districts.
Article 5 establishes the process to protect environmentally sensitive areas. Special provisions and standards for historic landmarks, manufactured home parks and protection are also included in this article:
∙
∙
Historic Landmarks
∙
Protection
∙
∙
Solar Access
∙
Parks
Review procedures, approval criteria and
and design standards for special provisions are cross-referenced or included in this article.
Article 6 deals with land divisions. This article describes submittal requirements, approval criteria and design standards for , and . Article 1 procedures for review of land divisions are cross-referenced. Article 8 standards for public improvements are also cross- referenced.
Article 7 contains the regulations for specific uses (such as and ) that may be developed in several zoning districts. The regulations in Article 7 generally supplement the regulations of the Article 3, Zoning Districts.
Article 8 describes the general standards that are applicable to all new or intensification of existing (including land divisions and on existing ). This article includes standards for parking, landscaping, public improvements, and other topics. The general standards are grouped in Article 8 to provide consolidated information and less repetition in code language.
Articles 9 – 11 are held for future topics.
Article 12 describes the framework for the classification of individual uses into broad land categories. This article also includes definitions of words that are not in common or that have a specific meaning in the Code.
(Ord. 2009-01, passed 3-9-2009)
This article establishes the framework for the review of land
permits. It explains the procedures that the
follows for different types of reviews and how hearings and
are conducted. The following list summarizes topics covered in this article:
∙
General Administration
∙
Process and Procedures
∙
Review Processes and Procedures
∙
Type I Process – Administrative Decisions
∙
Type II Process – Limited Land
Decisions
∙
Type III Process – Quasi-Judicial Land
Decisions
∙
Type IV Process – Legislative Land
Decisions
∙
Enforcement
These headings can assist the user in locating information. The table of contents contains a complete list of the material included in this article.
(Ord. 2009-01, passed 3-9-2009)
GENERAL ADMINISTRATION
The general purpose of this Code is to set forth and coordinate
regulations governing the
and
of land. The Code is more specifically intended to do the following:
A. Serve as the principle tool for implementing the
’s
in a manner that protects the health, safety and welfare of the citizens of Forest Grove;
B. Satisfy relevant requirements of federal, state and regional law, goals and rules;
C. Facilitate prompt review of
proposals and the
of clear and specific standards;
D. Provide for public information, review and comment on
proposals that may have a significant impact on the community;
E. Guide public and private planning policies and actions to ensure provision of adequate water, sewerage, transportation, drainage, parks,
and other public facilities for each
;
F. Provide for the review of the transportation impacts of land
, with particular emphasis on not exceeding the planned capacities of the transportation system;
G. Require that
and
designs provide reasonable protection from fire,
, landslide, erosion or other natural hazards; and
H. Require that
provides for reasonable preservation, enhancement or
of sensitive resources.
(Ord. 2009-01, passed 3-9-2009)
A. Except as otherwise specified, the definitions included in Article 12 shall be used to interpret the provisions of this Code.
B. The
shall have the authority and responsibility to interpret terms, provisions and requirements of this Code. A
requesting an interpretation shall submit it in writing to the
as described in § 17.2.500.
C. The terms of this Code shall be interpreted in the context of the general purpose set forth in § 17.1.105.
D. Where two or more requirements of this Code apply, the most restrictive requirement shall govern.
(Ord. 2009-01, passed 3-9-2009)
Actions initiated under this Code shall be consistent with the adopted
of the
and with applicable regional, state and federal laws.
The
and implementing regulations have been acknowledged by the Land Conservation and Development Commission as being in compliance with the statewide goals. Therefore, any action taken in conformance with this Code shall be deemed in compliance with the statewide goals and the
.
Unless stated otherwise within this Code, specific
demonstrating compliance with the
are not required for approval of a land
.
(Ord. 2009-01, passed 3-9-2009)
Land
permits are required when a
or
as defined by this Code is proposed unless exempted under specific provision. However, exempt activities and
may be subject to other applicable provisions of the Code. When a land
permit is required, then:
A. No
shall initiate a
until a land
permit has been approved.
B. The
shall not issue any other permit for the
until the land
permit has been approved. Concurrent review of
and other
related to the land
permit are allowed under the following conditions:
1. Final approval of
and other permits are not allowed without land
permit approval; and
2. The
acknowledges the risk that a land
permit may be denied, the land
permit could change, and/or the outcome of the land
permit could alter other permit requirements.
C. A land
permit shall not be approved for the division, improvement or
of land that has been divided or otherwise developed in violation of this Code unless the violation is corrected prior to or concurrent with issuance of a land
permit.
D. No action may be taken in reliance upon a decision approving a land
permit until all applicable
periods have expired or while an
to a
is pending.
E. A land
or
that would allow for the construction of a
shall not be issued unless all applicable and needed services including vehicular
, power, sewerage, domestic and fire water supply and stormwater drainage are available to the
where the
is to be built. This provision does not apply to permits for a
that do not require such services (such as a storage shed).
F. All land
permits, with the
of a
or a planned
, shall expire two years from the date of issuance unless:
1. Substantial construction or operation of the
has begun within that time and has continued toward final completion;
2.
is proceeding in accordance with an approved phasing plan; or
3. A written extension is granted by the
under the Type I review process.
G. A
is subject to the following time limits:
1. The tentative
for a
expires two years after the date of approval unless:
a.
for the final
has been filed with the
;
b. A time extension is approved pursuant to § 17.1.135;
c. The tentative
has been approved with a phasing plan consistent with the provisions of § 17.6.005D.; or
d. The tentative
, or an independent phase thereof, has been filed and processed concurrently with a Planned
pursuant to §§ 17.4.200 et seq. in which case the tentative
approval period is valid for four years, pursuant to § 17.4.220D. A phased PD shall not exceed four years between tentative
approval of the first and final phases.
2. The final
for a
shall be recorded within one year after the
has been submitted to the
.
(Ord. 2009-01, passed 3-9-2009; Ord. 2013-3, passed 5-22-2013; Ord. 2017-12, passed 11-27-2017; Ord. 2023-03, passed 5-22-2023)
The
, at the
’s request, may extend a land
permit under the Type I review process. Requests for extension must be filed with the
prior to the expiration date of the original approval or subsequent extension.
No single extension of time shall exceed a one-year period. Extensions shall not be approved where the effect of the extension would violate any provisions of this Code or any
made following the effective expiration date. In addition, the
may require a new
for a permit if conditions on the
or adjacent property have changed substantially since the original permit approval. Except for a land division, in no instance shall the extension(s) exceed a total of two years from the effective date of project approval. For a land division, the time extension for a tentative map shall not exceed four years from the effective date of project approval.
(Ord. 2009-01, passed 3-9-2009)
APPLICATION PROCESS AND PROCEDURES
Where a proposal involves more than one
for the same property, the
may submit concurrent
. The
shall be consolidated for review in accordance with the highest numbered procedure. For example, a minor adjustment (Type I) can be consolidated with a
(Type III), but it will be subject to Type III procedures.
(Ord. 2009-01, passed 3-9-2009)
Land
shall be initiated by one of the following:
A.
by all the owners or all the contract purchasers of the subject property, or any
authorized in writing to act as agent of the owner or contract purchasers;
B. The City
;
C. The Planning Commission;
D. The Community Development
; or
E. Public agencies or utilities that have statutory rights of eminent domain for projects they have the authority to construct.
The
may withdraw any
at the written request of the
, prior to the final written decision.
Fees for
withdrawn at the request of the
shall be refunded, less the actual costs incurred by the
in processing the
.
(Ord. 2009-01, passed 3-9-2009)
The
shall not
a Type II, III or IV land
for processing unless the
or the
’s representative has attended a pre-
conference, or the
has, in his or her discretion, signed a waiver of the pre-
conference.
The purpose of the pre-
conference is to acquaint the
with the requirements of this Code, the
and other relevant criteria. It is designed to assist the
. The
assumes the risk for delays or other problems caused by failure to attend a pre-
conference. It is impossible, however, for the pre-
conference to be an exhaustive review of all potential issues and the conference shall not prevent the
from enforcing all applicable regulations.
To schedule a pre-
conference, the
shall submit a completed and signed conference request form and the following information:
A. A short narrative describing the proposal, including at minimum:
1. Proposed
;
2. Size of
and/or number and types of residential units;
3. Approximate
; and
4. Other information as applicable, such as:
a. Number of
;
b.
of hazardous materials (including general quantity and type); and
c. Any known special conditions applicable to the
or proposed
.
B. A conceptual
; and
C. The appropriate fee.
The
shall schedule the pre-
conference within seven working days of the request. The
shall identify and prepare a summary of topics to be discussed and shall provide the
with a written summary of the conference.
If a complete
relating to the proposed
action that was the subject of the pre-
conference has not been submitted within one year of the conference, a new pre-
conference or waiver is required.
(Ord. 2009-01, passed 3-9-2009)
When the
determines that a proposed project has the potential to raise concerns of neighborhood or community impact, the
shall initiate, attend and conduct a neighborhood meeting. The purpose of the neighborhood meeting is to allow the neighbors and other
to become familiar with the proposal and to identify issues that may be associated with an
. The
shall identify the need for the meeting within seven days after the pre-
conference is held.
The neighborhood meeting is intended to result in an
that is responsive to neighborhood concerns, reducing the likelihood for delays and
of the
. The
expects an
to take the reasonable concerns and recommendations of the neighborhood into consideration when preparing an
. The
expects the neighbors will work with the
to provide such input.
Neighborhood meetings must be conducted before the
will
an
on any portion of the proposal. The
can request a sign-in sheet from the Community Development Department or provide his or her own sign-in sheet, which must be completed on the night of the neighborhood meeting and submitted to the
at the time of
as verification that the meeting was held. The sign-in sheet should indicate the date, time and location of the meeting, a brief heading describing the subject of the proposal, and the signatures of those in attendance at the meeting. The
shall retain the sign-in sheet as part of the record in the land
case file.
Those notified of the neighborhood meeting shall, at minimum, include all surrounding property owners and residents located at the notification distance of the greatest level permit or 300 feet if the permit type is not known, as well as any other identified by the .
(Ord. 2009-01, passed 3-9-2009)
A land
shall consist of at least the following:
A. A completed
form with the following information:
1. Property description and assessor map parcel number(s);
2. Name, address, telephone number of the
(s), property owner(s) or contract purchaser(s), and, if applicable, the same information of the authorized agent of the
, property owner or contract purchaser; and
3. A complete list of the approvals sought by the
.
B. A narrative description of the proposed
, existing
conditions and pertinent background information;
C.
that discuss how the approval criteria of the Code are or can be met;
D. A transportation study is required when determined by the
at a pre-
conference the proposed project would have traffic circulation or safety impacts, need for off-
improvements or would increase traffic on adjacent
by at least 50 peak hourly trips, or at least 500 average daily trips, or a Transportation Impact Study is required by the Oregon Department of Transportation. The transportation study shall be prepared under the supervision of professional engineer qualified in the traffic engineering field as defined by O.A.R. 820-040-0030. The transportation study shall include the expected trip generation of the proposed
including the weekday a.m. peak hour, p.m. peak hour, and daily traffic estimates. The transportation study shall identify all
-
points and intersections (signalized and un-signalized) adjacent to the
. If the
fronts an arterial or collector
the analysis shall identify and assess all intersections within one-fourth mile of the
;
E. Duplicates of the above information as required by the
. (Note: The pre-
conference summary will provide guidance on what specific information is required and how many copies must be submitted.);
F. All required
fees;
G. An eight and one-half by 11-inch copy of the
for the public notice; and
H. Additional applicable information required by other sections of this Code.
(Ord. 2009-01, passed 3-9-2009; Ord. 2022-01, passed 5-9-2022)
A.
shall be submitted on the proper form provided by the
, signed by the owner(s) of all properties involved in the
, and accompanied by the required fee(s).
B. The date the
and fee is received by the
shall be recorded on the
form.
C. The
shall conduct an initial review within 30 days of receipt to determine if the
is complete. The
shall issue a written, dated statement to the
indicating whether the
is complete and, if not, what information must be submitted to make the
complete.
D. Rejection by the
for incompleteness shall be based solely on failure to address the
standards or supply information required by Code and by the
, in a pre-
conference or otherwise, as the
determines is necessary to adequately evaluate the proposal. Rejection shall not be based on differences of opinion as to quality or accuracy. Acceptance indicates only that the
is ready for review.
E. Information submitted by the
to the
after the date the
is deemed complete that results in a substantial change from the original
shall require review as a new
or waiver of 120 days. The
shall determine whether a submission constitutes a substantial change from the original
.
(Ord. 2009-01, passed 3-9-2009)
1. The name of the
or group requesting notices;
2. If a group, the name of the officers of the group;
3. The name and address of the
to receive the notice; and
4. An indication of either the type’s projects or geographical area of interest to receive notification. If a location, a map of sufficient clarity to identify the boundaries of the area of interest shall accompany the form.
B. The Community Development Department shall have up to 30 calendar days after the receipt of the form to add the
to a notification list. Inclusion on the notification list shall be for a period of three years unless the
notifies the
to remove from the notification list.
C. It shall be the responsibility of the
to notify the Community Development Department of any changes or to request any renewal to continue inclusion on the notification list.
D. While it is the intent of the Community Development Department to notify all relevant
, failure to receive a notice shall not invalidate a decision if a good faith attempt was made to notify the
.
(Ord. 2009-01, passed 3-9-2009)
REVIEW PROCESS AND PROCEDURES
The
classifies land
permit reviews into one of four procedure types (Types I, II, III and IV). The procedures vary according to the level of discretion involved in making the decision, the extent to which the public may become involved in the decision-making process, and the opportunity to
a decision to a local review authority.
The general procedures and provisions applicable to all procedure types are described below. Detail on each of the four procedures is presented in §§ 17.1.400 et seq.
(Ord. 2009-01, passed 3-9-2009)
A staff report is not required for a Type I or Type II land
review. The
shall document the decision on Type I and Type II reviews with the following information:
A. A statement that explains the criteria and standards considered relevant to the request;
B. A statement of the facts relied upon in making the decision; and
C. An explanation of the justification for the decision based on the criteria, standards and facts set forth.
No decisions on Type III and IV land
, or the
of a Type II decision, shall be made without a staff report. The staff report shall, at minimum, address divisions A. through C. above. The
shall have the authority to develop the content and organization of the report.
The staff report shall be provided to the
and the review authority without charge. All others may obtain a copy upon request and payment of a reasonable fee to cover costs of copying and mailing. A staff report shall be available no later than seven calendar days before a Type III or IV hearing, or any hearing on
of a Type II decision.
The staff report may be amended as necessary to address issues or information not reasonably known at the time the report is due.
(Ord. 2009-01, passed 3-9-2009)
All review bodies have the authority to impose reasonable conditions of approval to ensure that all applicable approval criteria are, or can be, met. Conditions shall only be imposed where the
has the ability to comply without depending upon the actions of other
that are not associated with the project unless agreements with the other
are in place prior to submittal. This requirement excludes a review or approval required by a public agency. Failure to comply with any condition of approval shall be grounds for revocation of the permit(s) and grounds for instituting code enforcement proceedings.
(Ord. 2009-01, passed 3-9-2009)
An
may request modification of a condition of approval after the final written decision is issued. A modification to condition(s) of approval shall be processed in the same manner and subject to the same standards as the original
.
However, the
may consider a modification request and limit review of the approval criteria to those issues or aspects of the
that are proposed to be changed from what was originally approved.
(Ord. 2009-01, passed 3-9-2009)
In the event an
, or the
’s successor in interest, fails to comply with all conditions of permit approval; the City
, Planning Commission or
may institute a revocation proceeding for Type I, II, III or IV permits if it is determined there is substantial likelihood that any of the following situations exist:
A. One or more conditions of approval have not been implemented or have been violated; or
B. The activities, or the
itself, are substantially different from what was approved.
Revocation or modification of a previously approved permit shall be considered and decided by the City
. Type III notice procedures shall be followed. The
or any private complaining
shall have the burden to prove, based on substantial evidence in the whole record, that the
or the
’s successor has violated the
’s approval.
(Ord. 2009-01, passed 3-9-2009)
Unless stated otherwise in the
’s permit decision, any approval granted under this Code runs with the land and is transferred with ownership of that land. Any conditions, time limits or other restrictions imposed with a permit approval shall bind all subsequent owners of the property for which the permit was granted.
(Ord. 2009-01, passed 3-9-2009)
TYPE I PROCESS – ADMINISTRATIVE DECISIONS
An administrative decision is one that requires no interpretation or exercise of policy or legal judgment in evaluating approval criteria.
Because the decision is made according to specific criteria where no discretion is involved, administrative decisions do not qualify as land
or limited land
decisions as defined by O.R.S. 197.015.
(Ord. 2009-01, passed 3-9-2009)
so designated throughout the Development Code are reviewed under the Type I process, based on the requirements and criteria set forth for each
in other sections of this Code.
Examples of actions subject to a Type I
and review process include:
∙ Certain types of Zoning Standard Adjustments
∙
Interpretation
∙ Certain projects within an approved Master Plan
∙
Permit
∙
∙
,
Consolidation,
Re-establishment
∙ Final
∙ Final
∙ Final Plan for planned
∙
∙ Certain
∙
∙ Certain types of Wireless Communication Facilities
∙ Certain types of alterations of a
∙ Landscape Review not subject to
or Design Review
∙ Parking Plan not subject to
or Design Review
∙ Existing and New
Any
that is not specifically designated in the Code as being under one of the four review processes, and which the
determines is similar in impact and scope to other Type I
, shall be processed as a Type I
.
(Ord. 2009-01, passed 3-9-2009; Ord. 2017-12, passed 11-27-2017; Ord. 2023-03, passed 5-22-2023)
The
or his or her designee shall make all Type I decisions.
The
may approve, approve with conditions or deny the
.
The
’s decision shall be based on standards set forth within this Code and provided in writing to the
.
The Director shall document the decision on Type I reviews with the following information:
A. A statement that explains the criteria and standards considered relevant to the request;
B. A statement of the facts relied upon in making the decision; and
C. An explanation of the justification for the decision based on the criteria, standards and facts set forth.
(Ord. 2009-01, passed 3-9-2009; Ord. 2023-03, passed 5-22-2023)
Only an applicant may appeal a Type I decision. A Type I decision by the
is final unless appealed. The
will be heard by the Planning Commission, under the following conditions.
A. The
must submit a written
petition and pay the required fee to the
within 14 calendar days of the written notice of the decision. The written petition shall specifically state the issues being appealed.
B. Notice of the
hearing shall be provided as required for quasi-judicial (Type III) public hearings.
C. The Planning Commission shall conduct a de novo
hearing.
D. The Planning Commission decision on an
is the
’s
.
(Ord. 2009-01, passed 3-9-2009; Ord. 2023-03, passed 5-22-2023)
TYPE II PROCESS – LIMITED LAND USE DECISIONS
A limited land
decision involves the exercise of limited interpretation and discretion in evaluating approval criteria, where approval or denial is based on discretionary standards that regulate the physical characteristics of an outright
.
The review typically focuses on what form the
will take or how it will look.
(Ord. 2009-01, passed 3-9-2009)
so designated throughout the Development Code are reviewed under the Type II process, based on the requirements and criteria set forth for each
in other sections of this Code.
∙ Examples of these
include:
∙ Certain types of Zoning Standard adjustments
∙ Minor Modification to a
Permit
∙ Certain type of Design Review
∙
Review
∙ Certain projects within an approved Master Plan
∙ Certain
∙ Tentative
∙ Tentative
∙ Adjustments to public improvement requirements
∙ Alterations of a nonconforming structure
Any
that is not specifically designated in the Code as being under one of the four review processes, and which the
determines is similar in impact and scope to other Type II
, shall be processed as a Type II
.
(Ord. 2009-01, passed 3-9-2009; Ord. 2017-12, passed 11-27-2017; Ord. 2023-03, passed 5-22-2023)
If, in the opinion of the
, there is potential for neighborhood or community concern about a proposal, the
or the
may elevate a Type II
to the Type III process to provide greater notice and opportunity to participate than would otherwise be required by this Code.
Elevation to a Type III process will result in a public hearing and decision by the Planning Commission or other
rather than a decision by the
. An
may request that a Hearings Officer consider any land
review subject to Type III procedures, including a Type II
that is elevated to a Type III procedure. The
shall pay all extra costs associated with the Hearings Officer review.
(Ord. 2009-01, passed 3-9-2009)
Notice of Type II
shall be provided as follows.
A. A Notice of
and invitation to comment shall be mailed to the
, owner(s) of the subject property, property owners within 300 feet of the
of the subject property, and to any recognized
.
B. Notice should also be provided to public agencies or utilities whose property, services or facilities may be affected by the proposed
. The
shall determine the extent of notice to public agencies or utilities based on cooperative agreements, perceived interest or impact.
C. The
shall also post the subject property with a Notice of
in conformance with posting requirements set forth by City
resolution.
Failure to receive notice shall not invalidate a decision if a good faith attempt was made to notify all
entitled to notice. A certificate of mailing issued by the
conducting the mailing shall be conclusive evidence of a good faith attempt to contact all
listed in the certificate.
(Ord. 2009-01, passed 3-9-2009)
A. The notice shall state that comments must be specific and raised in writing prior to the expiration of the comment period.
B. The notice shall briefly summarize the local decision making process.
C. The notice shall include at least the following information:
1. The criteria to be used in making the decision;
2. A brief description of the proposal, including the
address,
number, or other legal means of identifying the subject property and the action that would occur upon approval;
3. A specific place, date and time that comments are due;
4. Information as to where and when the
and supporting documents may be reviewed; and
5. The name and phone number of the
contact
.
(Ord. 2009-01, passed 3-9-2009)
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