Chapter 19.412
DESCRIPTION OF PERMIT PROCEDURES
Sections:
19.412.010 Preapplication conferences.
19.412.020 Forms, applications, and filing fees.
19.412.030 Concurrent review of multiple applications.
19.412.040 Consistency with state statutes (ORS 227.178 – 120-day rule).
19.412.050 Determination of completeness.
19.412.010 Preapplication conferences.
A preapplication conference is required for Type II, III, and IV applications. Preapplication conferences are held to provide direction, information, and a description of the land use permitting process for applicants prior to submission of a land use permit.
The applicant must submit the following items to the community development department two weeks prior to the preapplication meeting:
A. Signed application form.
B. Fee.
C. Preliminary site plan and drawings.
D. Project description.
E. Questions the applicant may have regarding the land use process, development standards, permitting procedures and application requirements. (Ord. 6-2009 § 2 (Att. 1))
19.412.020 Forms, applications, and filing fees.
Applications and requests for actions authorized under this title shall be made in accordance with provisions of this chapter and shall include:
A. Application fee as adopted by the city council.
B. Completed application form signed by all owners of property included in the proposal or written authorization signed by the property owner(s) allowing the applicant to act as agent on behalf of property owners.
C. Plans and specifications, drawn to scale, showing the actual shape and dimensions of the lot to be built upon.
D. Sizes and locations on the lot of the buildings and other structures, existing and proposed.
E. Existing and intended use of each building, structure, or part thereof.
F. All information specified on the site plan and application requirements form, the land use application submission requirements form, and the fire access and protection form.
G. Include one set of address labels for all real property owners of record who are entitled to notice of the application as required by Chapter 19.413 FMC.
H. Narrative demonstrating compliance with all applicable sections of the Fairview Municipal Code and Comprehensive Plan. (Ord. 6-2009 § 2 (Att. 1))
19.412.030 Concurrent review of multiple applications.
Applications for more than one land use review on the same property may be processed in a single hearing. (Ord. 6-2009 § 2 (Att. 1))
19.412.040 Consistency with state statutes (ORS 227.178 – 120-day rule).
A. Applications for action authorized under this title shall be processed in accordance with ORS 227.178.
B. Time limit and appeal from ruling of planning commission.
Final action or ruling on any request pursuant to this title, including resolution of all appeals under ORS 227.180, shall be given within 120 calendar days after an application is received and is deemed complete. This section does not apply to amendment of an acknowledged Comprehensive Plan or adoption of a new land use regulation. (Ord. 6-2009 § 2 (Att. 1))
19.412.050 Determination of completeness.
A. The community development director shall review applications for consistency with submission requirements of the Fairview Municipal Code. Applications that do not meet submission requirements shall be deemed incomplete for the purpose of ORS 227.178 and Chapter 19.400 FMC. The community development director shall provide notice to the applicant as to whether an application is complete or incomplete within 30 calendar days of receipt of the application. If the application is deemed incomplete, written notice shall be provided to the applicant that specifies information needed to make the application complete.
B. When an application is deemed complete, the community development director shall note the date of completeness. The completeness date will be determined the day materials were submitted to make the application complete. If the application was complete upon submission, the original submission date of the application shall be the complete date. If the application was deemed incomplete and additional materials were submitted, the completeness date shall be the date the additional materials were submitted. An application shall be deemed complete when the following are submitted:
1. Application form that is properly filled out and signed;
2. Application fee has been paid;
3. The correct number of copies of the application materials has been provided;
4. Authorization of the property owner to submit the application;
5. All required submittal information identified in FMC 19.412.020.
C. If the application was complete when first submitted, or the applicant submits the requested additional information within 180 calendar days of the date the application was first submitted, approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first submitted. (Ord. 6-2009 § 2 (Att. 1))
19.412.060 City duties.
The community development director shall:
A. Prepare application forms based on the criteria and standards in applicable state law, the city’s comprehensive plan, and implementing ordinance provisions;
B. Accept all development applications which comply with this chapter;
C. Prepare a staff report for Type II, III, and IV applications that summarizes the application(s) and applicable decision criteria, and provides findings of conformance and/or nonconformance with the criteria, and a recommended decision. The decision shall approve, deny, or approve with specific conditions that ensure conformance with approval criteria;
D. Provide public notice.
1. In the case of an application subject to a Type II review process, the city shall make the staff report and all case-file materials available at the time that the notice of the decision is issued;
2. In the case of an application subject to a hearing (Type II appeal, Type III, or IV process), the city shall make the staff report available to the public at least seven days prior to the scheduled hearing date, and make the case-file materials available when notice of the hearing is mailed, as provided by FMC 19.413.020 (Type II), 19.413.030 (Type III), or 19.413.040 (Type IV);
E. Administer the hearings process consistent with FMC 19.412.070;
F. File notice of the final decision in the city’s records and mail a copy of the notice of the final decision to the applicant; all persons who provided comments or testimony; persons who requested copies of the notice; and any other persons entitled to notice by law;
G. Maintain and preserve the file for each application for the time period required by law. The file shall include, as applicable, a list of persons required to be given notice and a copy of the notice given; the application and all supporting information; the staff report; the final decision including the findings, conclusions and conditions, if any; all correspondence; and any other exhibit, information or documentation which was considered by the decision-maker(s) on the application; and
H. Administer the appeals and review process. (Ord. 6-2009 § 2 (Att. 1))
19.412.070 Public hearing.
A. Conduct and Process. At the commencement of the hearing, the hearings body shall state to those in attendance the following:
1. The applicable approval criteria and standards that apply to the application or appeal.
2. A statement that testimony and evidence shall concern the approval criteria described in the staff report, or other criteria in the comprehensive plan or land use regulations which the person testifying believes to apply to the decision.
3. A statement that failure to raise an issue with sufficient detail to give the hearings body and the parties an opportunity to respond to the issue, means that no appeal may be made to the State Land Use Board of Appeals on that issue.
4. Before the conclusion of the initial evidentiary hearing, any participant may ask the hearings body for an opportunity to present additional relevant evidence or testimony that is within the scope of the hearing. The hearings body shall grant the request by scheduling a date to finish the hearing (a “continuance”) per subsection B of this section, or by leaving the record open for additional written evidence or testimony per subsection C of this section.
5. Failure to raise constitutional or other issues relating to the proposed conditions of approval with sufficient detail to allow the hearings body to respond to the issue precludes an action for damages in circuit court.
B. Continuation of Hearing. If the hearings body grants a continuance, the completion of the hearing shall be continued to a date, time, and place at least seven days after the date of the first evidentiary hearing. An opportunity shall be provided at the second hearing for persons to present and respond to new written evidence and oral testimony. If new written evidence is submitted at the second hearing, any person may request, before the conclusion of the second hearing, that the record be left open for at least seven days, so that they can submit additional written evidence or testimony in response to the new written evidence.
The planning commission or city council may continue any hearing, and no additional notice of hearing shall be required if the matter is continued to a specified place, date, and time.
C. Record. If the hearings body leaves the record open for additional written evidence or testimony, the record shall be left open for at least seven days after the hearing. Any participant may ask the city in writing for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed, the hearings body shall reopen the record as follows:
1. When the hearings body reopens the record to admit new evidence or testimony, any person may raise new issues which relate to that new evidence or testimony.
2. An extension of the hearing or record is subject to the limitations of ORS 227.178 (“120-day rule”), unless the continuance or extension is requested or agreed to by the applicant.
3. The city shall allow the applicant at least seven days after the record is closed to all other persons to submit final written arguments in support of the application, unless the applicant expressly waives this right. The applicant’s final submittal shall be part of the record but shall not include any new evidence. (Ord. 6-2009 § 2 (Att. 1))