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   Ord. 2019-04, effective May 28, 2019, enacted this Title XVII and repealed Ord. 2009-01, which enacted the Development Code of 2009.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 References to Ord. 2009-01 throughout this title have not been replaced by references to Ord 2019-04.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
ARTICLE 1: INTRODUCTION AND PROCEDURES
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
§ 17.1.000 HOW TO USE THIS CODE.
   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)
§ 17.1.005 OVERVIEW OF ARTICLE 1.
   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
§ 17.1.100 OFFICIAL NAME.
   The official name of this Code is: “Forest Grove Development Code, Title 17 of the Municipal Code.” It may be referred to as the “Development Code” or “this Code.”
(Ord. 2009-01, passed 3-9-2009)
§ 17.1.105 PURPOSE.
   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)
§ 17.1.110 SCOPE AND COMPLIANCE.
   A.   A parcel of land or a may be developed or used only as this Code permits.
   B.   The requirements of this Code apply to the property owner(s), the (s) undertaking a , the user(s) of a , and to their successors in interest.
(Ord. 2009-01, passed 3-9-2009)
§ 17.1.115 SEVERABILITY.
   The provisions of this Code are severable. If any portion of this Code is declared invalid or unconstitutional, the decision shall not affect the validity of the remaining portions of the Code.
(Ord. 2009-01, passed 3-9-2009)
§ 17.1.120 INTERPRETATION.
   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)
§ 17.1.125 CONSISTENCY WITH PLANS AND LAWS.
   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)
§ 17.1.130 WHEN LAND USE PERMITS ARE REQUIRED.
   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)
§ 17.1.135 EXTENSION OF LAND USE PERMIT.
   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.
   Final maps are not eligible for time extensions. Extensions shall not modify the original decision. A land permit shall expire at the end of the time extension period unless the provisions of § 17.1.130F.1. or 2. are met or § 17.1.130G.1. for .
(Ord. 2009-01, passed 3-9-2009)
§ 17.1.140 FEES.
   The City shall establish land permit fees by resolution for the performance of the actions and reviews required by this Code.
(Ord. 2009-01, passed 3-9-2009)
APPLICATION PROCESS AND PROCEDURES
§ 17.1.200 PURPOSE.
   This subarticle of the Code describes the general procedures that apply to land permit reviews. It contains the step-by-step land use processing requirements.
(Ord. 2009-01, passed 3-9-2009)
§ 17.1.205 CONSOLIDATED REVIEW.
   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)
§ 17.1.210 INITIATION AND WITHDRAWAL OF LAND USE APPLICATION.
   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)
§ 17.1.215 PRE-APPLICATION CONFERENCE.
   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)
§ 17.1.220 NEIGHBORHOOD MEETING.
   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)
§ 17.1.225 APPLICATION CONTENTS.
   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)
§ 17.1.230 APPLICATION SUBMITTAL AND ACCEPTANCE.
   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)
§ 17.1.235 RECOGNITION OF INTERESTED PARTIES TO RECEIVE NOTICES.
   A.   Sections 17.1.515 and 17.1.610 provide that notices for Type II and Type III permits be sent to recognized . To be recognized, an must submit a form to be provided by the Community Development Department. The completed form must at least include:
      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
§ 17.1.300 OVERVIEW OF REVIEW TYPES.
   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)
§ 17.1.305 STAFF REPORT.
   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)
§ 17.1.310 CONDITIONS OF APPROVAL.
   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)
§ 17.1.315 MODIFICATION OF CONDITIONS.
   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)
§ 17.1.320 REVOCATION OF A PREVIOUSLY APPROVED PERMIT.
   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)
§ 17.1.325 TRANSFER OF APPROVAL RIGHTS.
   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
§ 17.1.400 DEFINITION.
   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)
§ 17.1.405 TYPE I APPLICATIONS AND APPROVAL CRITERIA.
    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)
§ 17.1.410 NOTICE.
   A Type I does not require notice to anyone other than the .
(Ord. 2009-01, passed 3-9-2009)
§ 17.1.415 DECISION AUTHORITY.
   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)
§ 17.1.420 APPEALS OF TYPE I DECISION.
   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
§ 17.1.500 DEFINITION.
   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)
§ 17.1.505 TYPE II APPLICATIONS AND APPROVAL CRITERIA.
    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)
§ 17.1.510 ELEVATION OF TYPE II APPLICATION TO TYPE III PROCESS.
   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)
§ 17.1.515 NOTICE.
   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)
§ 17.1.520 NOTICE CONTENT.
   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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