Chapter 17.150
ADMINISTRATION, ENFORCEMENT AND INTERPRETATION
Sections:
17.150.020 Burden of persuasion.
17.150.030 Impartial tribunal.
17.150.040 Opportunity to be heard – Conduct of the public meeting.
17.150.050 Record and findings.
17.150.070 Procedures for development permit applications.
17.150.090 Public hearing procedures.
17.150.120 Appeal to city council.
17.150.130 Form of petitions, applications and appeals.
17.150.140 Time limit on approved plans and permits.
17.150.010 Scope of rules.
These rules shall govern the conduct of hearings on all quasi-judicial land use matters. [Ord. 1266 § 2 (Exh. B), 2021; Ord. 1242 § 1 (Exh. A), 2016; Ord. 1054 § 1, 1998; Ord. 742 § 1, 1978; Ord. 635 § 2, 1974.]
17.150.020 Burden of persuasion.
The burden of persuading the decision-making body is upon the proponent, applicant, or moving party. In the case of an appeal, the appellant has the burden of persuading the reviewing body that the previous decision was wrong. Decisions made in a quasi-judicial matter shall be based on reliable, probative, substantial evidence that establishes rights and responsibilities under applicable law in a manner necessary to meet the body’s responsibility of deciding matters within its jurisdiction. [Ord. 1266 § 2 (Exh. B), 2021; Ord. 1242 § 1 (Exh. A), 2016; Ord. 864 § 5, 1984; Ord. 635 § 3, 1974.]
17.150.030 Impartial tribunal.
A. In the interest of avoiding bias, city council members and planning commission members should not discuss with the applicant for a specified land use, or others interested in the application, any request upon which they will vote; except that answering questions relating to time, place and general policies or procedures shall not be considered a violation of this rule. However, no decision or action of a city council or planning commission shall be invalid due to ex parte contact or bias resulting from ex parte contact with a member of the decision-making body, if the member of the decision-making body receiving the contact:
1. Places on the record the substance of any written or oral ex parte communications concerning the decision or action; and
2. Has a public announcement of the content of the communication and of the party’s right to rebut the substance of the communication made at the first hearing following the communication where action will be considered or taken on the subject to which the communication related.
B. A communication between the city staff and the planning commission or members or council members shall not be considered an ex parte contact for the purposes of this section. [Ord. 1266 § 2 (Exh. B), 2021; Ord. 1242 § 1 (Exh. A), 2016; Ord. 864 § 6, 1984; Ord. 635 § 4, 1974.]
17.150.040 Opportunity to be heard – Conduct of the public meeting.
A. Interested parties shall be afforded an opportunity to be heard and to present and rebut testimony. Within these limits, the actual conduct of the public hearing shall be established at the discretion of the presiding officer.
B. Interested parties may raise questions concerning the testimony presented. Such questions shall be addressed to the person presiding at the hearing.
C. The term “interested parties” includes applicants and members of the general public who either support, oppose or have questions concerning a specific proposal.
D. Prehearing and Ex Parte Contacts and Conflicts of Interest.
1. Prehearing or ex parte contacts which create an actual prejudice or bias in the mind of the member of the decision-making body, either for or against the issue to be decided, shall require the member to refrain from participating in the matter. The member shall announce the nature of the contact, as distinguished from its specific content, and shall then abstain at the beginning of the hearing and refrain from discussion of or voting upon the matter.
2. When a city councilmember or the mayor believes the matter dealt with at a hearing may result in his or her, or a member of his or her household’s, private pecuniary benefit or detriment, the councilman or mayor shall announce publicly the nature of the potential conflict of interest prior to taking any official action thereon. The announcement must be made whether or not the member votes on the matter, and must be made at each meeting during which the matter is discussed or debated. The members of the council who do not have a conflict of interest shall immediately after the announcement vote on whether the councilman or mayor who has a conflict of interest may participate in the discussion, deliberation and voting on the matter.
3. A member of the planning commission shall not participate in any commission proceeding or action on a matter in which any of the following has a direct or substantial financial interest in the matter: the member or his or her spouse, brother, sister, child, parent, father-in-law, mother-in-law, partner, any business in which he or she is then serving or has served within the previous two years, or any business with which he or she is negotiating for or has an arrangement or understanding concerning prospective partnership or employment. Any actual or potential interest shall be disclosed at the meeting of the commission where the action is being taken.
E. Interested parties may represent themselves or have another person of their choosing represent them at the public hearing. [Ord. 1266 § 2 (Exh. B), 2021; Ord. 1242 § 1 (Exh. A), 2016; Ord. 805 § 1, 1980; Ord. 778 § 1, 1979; Ord. 635 § 5, 1974.]
17.150.050 Record and findings.
A. When a decision on a specific request has been made, that decision shall be supported by findings of fact.
B. When making findings of fact, the planning commission may adopt by reference the findings set forth in the staff notes; it may modify those findings based upon the public testimony presented; or it may issue new findings of fact.
C. When making findings of fact, the city council may adopt by reference the findings of the planning commission; it may modify those findings based upon the public testimony presented; or it may issue new findings of fact.
D. Records shall be kept of all hearings on specific zoning issues and shall consist of written minutes, findings of fact, and other material submitted, as well as a tape recording of the hearing. The tape of the hearing may be destroyed after six months, in the event no appeal has been lodged against the decision within that time. [Ord. 1266 § 2 (Exh. B), 2021; Ord. 1242 § 1 (Exh. A), 2016; Ord. 635 § 6, 1974.]
17.150.060 Enforcement.
The city administrator or a designee shall have the power and duty to enforce the provisions of this title. Any violation of this title or failure to comply with conditions of approval of a land use action may be deemed a nuisance, and may be abated in accordance with the provisions of Chapter 8.10 JCMC instead of, or in addition to, any penalties imposed pursuant to JCMC 17.150.160. Failure to comply with the conditions of approval of a land use action will be considered a nuisance. An appeal from a ruling of the city staff shall be made to the planning commission. No decision of the city shall be influenced by factors relating to race, religion, gender, age or physical disability. [Ord. 1266 § 2 (Exh. B), 2021; Ord. 1242 § 1 (Exh. A), 2016; Ord. 1112 § 1, 2003; Ord. 950 § 111, 1991.]
17.150.070 Procedures for development permit applications.
A. Types of Procedures. Development permit applications subject to Junction City development ordinances shall be classified according to one of the following categories: Type I, Type II, Type III, or Type IV. These categories are defined below.
1. Type I Procedure – Administrative Decision.
a. This type of decision does not require interpretation or legal judgment in reviewing the proposed land use. Approval of a Type I application is not a land use decision as defined by ORS 197.015.
b. A public hearing or notice of action is not required. However, the applicant shall receive notice of the final decision.
c. The applicant may appeal a Type I decision in accordance with the requirements of JCMC 17.150.120.
d. Type I Administrator’s Decisions. Actions that are processed by the city administrator or their designee as a Type I procedure include but are not limited to decisions related to:
i. Determination of the completeness of applications;
ii. Determination of the appropriate procedure for any application;
iii. Building permits for outright permitted uses requiring no planning commission action;
iv. Building permits after discretionary approvals become final;
v. Minor modifications to nonconforming uses as described in JCMC 17.125.030;
vi. Access permits as described in Chapter 17.85 JCMC for uses not requiring site plan review or when issued in conformance with an approved site plan;
vii. Development permits for property located partially or wholly within a flood hazard zone as described in Chapter 17.80 JCMC;
viii. Billboard permits as described in Chapter 17.115 JCMC;
ix. Sign permits as described in Chapter 17.115 JCMC;
x. Lot line adjustments; and
xi. Decisions on whether to support an application for annexation.
e. Type I Planning Commission Decisions. Actions that are processed by the planning commission as Type I procedures include but are not limited to:
i. Final subdivision plan and final partition plan plat approval; and
ii. Similar decisions that result in or are the final opportunity for review before a change in ownership of any real property subject to review under this title.
2. Type II Procedure – Limited Land Use Decision.
a. A Type II procedure is classified as a limited land use decision as defined in ORS 197.015. This procedure allows for review of applications that involve discretionary standards for uses permitted outright by this title. The commission or designated staff shall follow the procedures specified in the acknowledged comprehensive plan, land use regulations, and other applicable legal requirements.
b. Notice of the proposed action shall be as provided in JCMC 17.150.080.
c. A public hearing may be requested on a proposed decision by the applicant, a member of the planning commission, or any party entitled to notice or who is affected by the proposal. If, after review of the application, the city administrator or designee determines that the request for a public hearing is necessary for a complete analysis of the application, the city administrator or designee shall schedule a public hearing at the next available planning commission meeting, and shall provide notice of the hearing to all persons entitled to receive the original notice of the application. Procedures at the public hearing shall be the same as for a Type III hearing, as found in this chapter.
d. Either after receiving all written comments, or after close of the record in the event of a public hearing, the planning commission or designated staff shall review all information received and make findings based on the applicable criteria. The decision shall be based on a brief statement of the standards, incorporating the facts relied upon in rendering the decision; and providing justification for the approval, conditional approval, or denial of the application. Notice of the decision shall be sent to the applicant and any other person who submitted comments on the application during the time allotted for such submissions. The decision can be appealed in accordance with JCMC 17.150.120.
e. Examples of Applications. Applications that are processed as a Type II procedure include but are not limited to:
i. Preliminary partition plans and replats;
ii. Preliminary subdivision plans and replats.
f. Expedited land divisions shall be administered in accordance with procedures outlined in ORS 197.360 through 197.380.
3. Type III Procedure – Quasi-Judicial.
a. In accordance with ORS 197.764, a Type III procedure requires a public hearing and may involve complex actions which require discretion on the part of the commission. Type III procedures will usually require decisions of a specific nature about discrete properties. Procedures for public hearings are set forth in this chapter.
b. Notice of the proposed action shall be as provided in JCMC 17.150.080.
c. After the close of the record in the public hearing, the planning commission or designated staff shall review all information received and make findings based on the applicable criteria. The decision shall be based on a brief statement of the standards, incorporating the facts relied upon in rendering the decision, and providing justification for the approval, conditional approval, or denial of the application. Notice of the decision shall be sent to the applicant and any other person who submitted comments on the application during the time allotted for such submissions. The decision can be appealed in accordance with JCMC 17.150.120.
d. Examples of Applications. Type III applications include but are not limited to the following:
i. Conditional uses;
ii. Temporary use permits;
iii. Variances (including variances to sign permits); and
iv. Planned unit developments.
4. Type IV Procedure – Legislative.
a. A Type IV procedure requires review by the commission and the council (except for withdrawals of property from special districts prior to annexations where only a review by the council is required). This type of decision may have significant or broad effects on various parties and properties in a large area.
b. Proposed amendments to this title, the comprehensive plan, or other land use regulations may be initiated by an application from a citizen, the planning commission, the city council or Lane County, if the requested change relates to the Junction City comprehensive plan.
c. Public notice shall be provided in accordance with JCMC 17.150.080.
d. A minimum of two hearings, one before the planning commission and one before the city council, are required for all Type IV applications, except for withdrawals of property from special districts prior to annexations where only a review by the council is required. Procedures for these hearings are set forth in JCMC 17.150.090. Notice of the decision shall be sent to the applicant and any other person who submitted comments on the application during the time allotted for such submissions.
e. The commission may submit recommendations and findings regarding the proposal to the city council. These recommendations and findings may include alterations from the original proposal or application. If the commission determines that the proposed change should not be recommended for approval by the council, as originally proposed or as modified by the commission, the commission may, but need not, submit the proposal to the city council. The council may enact, amend, or defeat all or portions of the proposal or may refer the matter back to the commission for further consideration.
f. If the council takes final action in the form of an ordinance, resolution, or amendment, then the applicable rules of the Department of Land Conservation and Development must be complied with. Any participants in the hearing shall receive notice of the final action including the effective date of the decision as well as appeal requirements.
g. Examples of Type IV applications include but are not limited to the following:
i. Amendments to the comprehensive plan;
ii. Amendments to this title;
iii. Changes to the zoning map;
iv. Withdrawal of property from special districts prior to annexations;
v. Annexation of property to the city; and
vi. Extraterritorial extensions of water, stormwater, or sewer.
5. Summary of Development Decisions/Permits by Type of Decision-Making Procedure. The following table lists land development application types, illustrating the types defined in subsections (A)(1) through (4) of this section. Examples listed in Table 17.150.070 are for informational purposes and are not exclusive.
|
Development Decision/Permit |
Category |
Code Provisions |
Review/Hearing |
|---|---|---|---|
|
Access Permit (not requiring site plan review) |
Type I |
Chapter 17.85 JCMC |
staff |
|
Annexation |
Type IV |
Chapter 17.165 JCMC |
PC/CC |
|
Billboard Permit |
Type I |
Chapter 17.115 JCMC |
staff |
|
Building Permit (uses permitted outright) |
Type I |
Chapter 15.15 JCMC |
staff |
|
Code Interpretation |
Type II |
|
staff |
|
Code Amendment |
Type IV |
Chapter 17.145 JCMC |
|
|
Comprehensive Plan Amendment |
Type IV |
Comprehensive Plan |
|
|
Conditional Use Permit |
Type III |
Chapter 17.130 JCMC |
|
|
Conditional Uses Within Wetland Protection Areas |
Type III |
Chapter 17.130 JCMC |
PC |
|
Development Review |
Type I |
Chapter 16.05 JCMC |
staff |
|
Extraterritorial Extension of Water, Stormwater or Sewer |
Type II/IV |
Chapter 17.165 JCMC |
staff, PC/CC |
|
Flood Hazard Zone Development Permit |
Type I |
Chapter 17.80 JCMC |
staff |
|
Home Occupation Permit |
Type I |
|
staff |
|
Master Planned Development (PUD) |
Type III |
|
|
|
Modification to Approval |
Type II/III |
|
|
|
Land Use District Map Change Quasi-Judicial (no plan amendment required) Legislative (plan amendment required) |
Type III
Type IV |
Chapter 17.145 JCMC
|
PC
PC/CC |
|
Lot Line Adjustment |
Type I |
|
staff |
|
Nonconforming Use or Development Confirmation |
Type I |
Chapter 17.125 JCMC |
staff |
|
Partition, Major or Minor |
Type II |
PC |
|
|
Permitted Activities Within Wetland Protection Areas |
Type I |
Chapter 17.60 JCMC |
staff |
|
Sign Permit |
Type I |
Chapter 17.115 JCMC |
staff |
|
Subdivision |
Type II |
JCMC 16.05.040 |
PC |
|
Subdivision – Final Plat Approval |
Type I |
JCMC 16.05.040 |
PC |
|
Temporary Use Permit |
Type III |
Chapter 17.135 JCMC |
PC |
|
Temporary Use Permit – Mobile Food Unit |
Type I |
Chapter 17.135 JCMC |
staff |
|
Tree Removal |
Type I/II |
Chapter 12.35 JCMC |
staff |
|
Variance |
Type III |
JCMC 17.140.010 |
PC |
|
Variance Within Wetland Protection Areas |
Type III |
Chapter 17.60 JCMC and JCMC 17.140.010 |
PC |
|
Minor Variance (clear and objective standards, i.e., 10%) |
Type I |
JCMC 17.140.030 |
staff |
|
Wetland Resources Overlay District Map Corrections |
Type I |
Chapter 17.60 JCMC |
staff |
|
Withdrawal of Property From Special Districts After Annexation |
Type IV |
JCMC 17.165.140 |
CC only |
Abbreviations:
LCLGBC = Lane County Local Government Boundary Commission, CC = City Council, PC = Planning Commission
B. Determining the Applicable Procedure.
1. If there is a question as to the appropriate procedure type, the city administrator or designee will determine the applicable type based upon the most similar land use application procedure specified herein or other established policy.
2. For an application containing two or more proposals for the same property, these applications may be processed collectively under the highest numbered procedure that is applicable to any of the proposals. Alternatively, the applications can be reviewed individually according to the corresponding procedure type.
C. Pre-Application Conference. An applicant may request an informal review of a proposal by the city administrator or by planning staff prior to application to determine the general feasibility of the proposal. This informal review does not constitute a land use decision and is not appealable.
D. Consolidation of Permits. Applicants shall be advised that all permits or zone changes necessary for a development project may be merged into a consolidated review process. For purposes of this title, a consolidated permit process shall mean that the deciding body, to the greatest extent possible, applies concurrent notice, public hearing and decision-making procedures to the permits and zone changes which have been consolidated for review.
E. Time Limits. If an application for a permit or zone change is incomplete, the city shall notify the applicant of exactly what information is missing within 30 days of receipt of the application and allow the applicant to submit the missing information. The application shall be deemed complete upon receipt of the missing information. If the applicant refuses to submit the missing information, the application shall be deemed complete on the thirty-first day after the application was first received.
F. Computation of Time. For any reference to time in this title, unless otherwise specified, the time within which an act is to be done is computed by excluding the first day and including the last unless the last day falls upon any legal holiday, Saturday, or Sunday in which case the last day is also excluded. [Ord. 1266 § 2 (Exh. B), 2021; Ord. 1242 § 1 (Exh. A), 2016; Ord. 1212 § 3 (Exh. A), 2012; Ord. 1181 §§ 2, 3, 2008; Ord. 1112 § 1, 2003; Ord. 950 § 112, 1991.]
17.150.080 Notice.
The purpose of the notice is to give nearby property owners and other interested people the opportunity to submit written comments about the application before the decision is made. The goal of this notice is to invite people to participate early in the decision-making process. Notice of a proposed Type II, III, or IV action shall be provided as follows:
A. Each notice of hearing authorized by this section shall be published in a newspaper of general circulation in the city at least 10 days prior to the date of the hearing.
B. With the exception of Type IV applications, notice of hearing or contemplated land use action shall be mailed to the applicant and to all owners and abutting property owners, including owners of property which would be abutting if there were not intervening streets, of the property which is the subject of the notice. In addition, notice shall be provided to all owners of record of property on the most recent property tax assessment roll within 300 feet of the subject property. Notice shall be mailed at least 20 days before the date of the hearing or review.
C. For Type IV applications:
1. Notice shall be mailed to each owner whose property would be rezoned in order to implement the ordinance (i.e., owners of a property subject to comprehensive plan amendment shall be notified if a zone change would be required to implement the proposed comprehensive plan amendment).
2. If particular properties are to be affected more than, or in a manner significantly different from, other properties of the same general character within the city of Junction City, individual notice shall be prepared and mailed to those affected, including all persons within 300 feet of the affected property.
3. When a proposal to change the zone of property which includes all or part of a mobile home park is to be considered at a public hearing, notice shall be sent to each existing mailing address for tenants of the mobile home park.
4. Owners of airports shall be notified of a proposed zone change in accordance with ORS 227.175.
D. Notice shall be mailed to all recognized neighborhood groups or associations affected by the proposal. A recognized neighborhood group or association is defined as an organization that has been formally acknowledged by the city council as representing a specific geographic area or group of citizens with respect to land use issues.
E. Notice shall be provided to any person who submits a written request to receive a notice.
F. Notice shall be provided to any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the city, and to other affected agencies as appropriate. For Type IV applications, the Department of Land Conservation and Development (DLCD) shall be notified in writing of proposed comprehensive plan and development code amendments at least 35 days before the first public hearing at which public testimony or new evidence will be received; otherwise notice to DLCD shall be provided at the discretion of the applicant.
G. The city administrator or designee shall certify any mailing of notice or published notice.
H. The notice provisions of this section shall not restrict the giving of notice by other means, including mail or posting on property.
I. Notice of a hearing shall be reasonably calculated to give actual notice, and shall contain the following information:
1. Explain the nature of the application and the proposed use or uses which could be authorized. State number and title of the application file.
2. List the applicable criteria from the ordinance and the plan, as well as other plans and laws that apply to the application at issue.
3. Set forth the street address or other easily understood geographical reference to the subject property.
4. State the date, time, and place of the hearing or the ending date for any opportunity to submit comments. Notice for Type II applications shall provide a 14-day period for submitting written comments before a decision is made on the permit.
5. State: “Failure to raise an issue at this opportunity for comment or hearing, in person or by letter, or failure to provide statements or evidence related to an issue sufficient to afford the decision-maker an opportunity to respond to the issue, precludes reliance on that issue in any later appeal of the decision that will be made after consideration of statements and evidence submitted, including an appeal to the Oregon Land Use Board of Appeals based on that issue.”
6. Include the name of a local government representative to contact and the address and telephone number where additional information may be obtained.
7. State that a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost.
8. State that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and will be provided at reasonable cost.
9. Include a general explanation of the requirements for submission of testimony and the procedure for conduct of hearings, and a statement that the hearing will be held under the rules of procedure adopted by the council and available at City Hall.
10. State: “Notice to mortgagee, lienholder, vendor, or seller: The Junction City Development Code requires that if you receive this notice, it shall be promptly forwarded to the purchaser.”
J. A person whose name is not in the tax records at the time of filing of an application or of initiating other action not based on an application may only receive a notice if the person provides the planning commission with the necessary address(es). Any deficiency in the form of notice prescribed in this section or a failure of a property owner to receive notice shall not invalidate an action if a good faith attempt was made to comply with the requirements of this section for notice. In addition to persons receiving notice as required by the matter under consideration, the city administrator may provide notice to others he/she has reason to believe are affected or otherwise represent an interest that may be affected by the proposed development.
K. A notice of hearing shall be mailed:
1. At least 20 days, but no more than 40 days, before the evidentiary hearing. However, for the adoption or amendment of a comprehensive plan or land use regulation as part of periodic review, notice shall be mailed at least 30 days prior to the first hearing.
2. If two or more evidentiary hearings are allowed, 10 days before the first evidentiary hearing. [Ord. 1266 § 2 (Exh. B), 2021; Ord. 1242 § 1 (Exh. A), 2016; Ord. 1112 § 1, 2003; Ord. 975 §§ 2, 3, 1993; Ord. 950 § 113, 1991.]
17.150.090 Public hearing procedures.
A. No less than one public hearing shall be held on all Type III land use applications, as described in JCMC 17.150.070(A)(3). This public hearing shall be held within 45 days of when the application has been deemed complete. The conduct of the hearing shall be consistent with this chapter. Two public hearings are required for Type IV land use applications, as described in JCMC 17.150.070(A)(4).
B. Any staff report used at the first hearing shall be available at least seven days prior to the hearing.
C. At the commencement of a quasi-judicial hearing required by this chapter, a statement shall be made to those in attendance that:
1. Lists the applicable substantive criteria.
2. States that testimony and evidence must be directed toward the applicable substantive criteria or other criteria believed to apply to the decision.
3. States that failure to raise an issue with sufficient specificity to afford the decision-maker and the parties an opportunity to respond to the issue precludes appeal to the Oregon Land Use Board of Appeals on that issue.
D. The planning commission may continue a public hearing. This hearing shall be continued to a date, time, and place at least seven days from the date of the initial evidentiary hearing.
E. Unless there is a continuance, if a participant so requests before the conclusion of the evidentiary hearing, the record shall remain open at least seven days after the hearing.
F. If additional documents or evidence are provided by any party, the local government may allow a continuance or leave the record open to allow the parties a reasonable opportunity to respond. Any continuance or extension of the record requested by an applicant shall result in a corresponding extension of the time limitations of ORS 227.178 and 227.179.
G. When the record is reopened to admit new evidence or testimony, any person may raise new issues which relate to the new evidence, testimony, or criteria for decision-making which apply to the matter at issue.
H. Unless waived by the applicant, the local government shall allow the applicant at least seven days after the record is closed to all other parties to submit final written arguments in support of the application. The applicant’s final submittal shall be considered part of the record but shall not include any new evidence. This seven-day time period is not subject to the limitations of ORS 227.178 and 227.179 (120-day time period). [Ord. 1266 § 2 (Exh. B), 2021; Ord. 1242 § 1 (Exh. A), 2016; Ord. 1112 § 1, 2003; Ord. 975 §§ 2, 3, 1993; Ord. 950 § 114, 1991.]
17.150.100 Decision.
A. Following the hearing procedure described in JCMC 17.150.090, the hearing body shall approve, table, or deny the application; or, if the hearing is in the nature of an appeal, either affirm, reverse, or remand the decision that is on appeal. A decision on a hearing or an application for a development permit may be continued for a reasonable period of time as determined by the hearing body, but not to exceed the requirements of subsection (B) of this section.
B. Except as provided in this subsection, the city shall take final action on an application for a permit or zone change, including resolution of all appeals, within 120 days after the application is deemed complete. Exceptions to the 120-day time limit are as follows:
1. The time limit may be extended for a reasonable period by the applicant;
2. The time limit only applies to decisions wholly within the authority and control of the city and does not apply if the parties have agreed to mediation to resolve the issue;
3. The time limit does not apply to an amendment to the comprehensive plan or land use regulations or to adoption of a new land use regulation that was forwarded to the State Department of Land Conservation and Development for post-acknowledgment review, nor does the time limit apply when the parties have agreed to mediation.
C. If the application was complete when first submitted or the applicant submits the requested additional information within 180 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.
D. When the city council approves an amendment of an acknowledged comprehensive plan or land use regulation or adopts a new land use regulation, a copy of the adopted text of the provision or regulation together with the adopted findings shall be mailed or otherwise submitted to the director of the Department of Land Conservation and Development not later than five working days after the final decision. If the proposed amendment or new regulation that the director received notice under JCMC 17.150.070 and ORS 197.610 has been substantially amended, the local government shall specify the changes that have been made in the notice provided to the director. If the text and findings are mailed, they shall include a signed statement by the person mailing them indicating the date of deposit in the mail. Also within five days of the decision, the local government shall mail notice to persons who participated in the proceedings and to persons who requested in writing that they receive notice of the decision. This notice shall comply with ORS 197.615.
E. In rendering a decision, a local government may adopt an exception to a Statewide Planning Goal in accordance with ORS 197.732. [Ord. 1266 § 2 (Exh. B), 2021; Ord. 1242 § 1 (Exh. A), 2016; Ord. 1112 § 1, 2003; Ord. 975 §§ 2, 3, 1993; Ord. 950 § 115, 1991.]
17.150.110 Permit required.
Prior to the erection, movement, reconstruction, extension, enlargement or alteration of a structure, necessary permit(s) for such erection, movement, reconstruction, extension, enlargement or alteration shall be obtained. The applicant shall pay a fee as established by the city council at the time the application is filed. [Ord. 1266 § 2 (Exh. B), 2021; Ord. 1242 § 1 (Exh. A), 2016; Ord. 1112 § 1, 2003; Ord. 975 § 2, 1993; Ord. 950 § 116, 1991.]
17.150.120 Appeal to city council.
Any final action of the planning commission authorized by this title may be appealed to the city council within 12 days after notice has been mailed to all opponents indicating the planning commission’s decision and right to appeal. Appeals may be made by filing written notice with the city and paying the fee equal to the average cost as prescribed by the city council, and cost of the written transcripts up to $500.00, plus one-half the cost over $500.00. If no appeal is taken within the 12-day period, the decision of the planning commission shall be final. If an appeal is filed, the city council shall receive a report and recommendation from the planning commission and shall hold a public hearing on the appeal. Notice of the public hearing shall be by one publication in a newspaper of general circulation in the city not less than five days nor more than 20 days prior to the date of the hearing. The appeal hearing before the city council shall be a de novo hearing held in accordance with this section and JCMC 17.150.130 and ORS 227.173. [Ord. 1266 § 2 (Exh. B), 2021; Ord. 1242 § 1 (Exh. A), 2016; Ord. 1112 § 1, 2003; Ord. 975 § 2, 1993; Ord. 950 § 117, 1991.]
17.150.130 Form of petitions, applications and appeals.
All applications and appeals provided for in this title shall be made on forms provided for the purpose or as otherwise prescribed by the planning commission in order to assure the fullest practical presentation of pertinent facts and to maintain a permanent record. All applications for permits shall be accompanied by plans, in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the exact sizes and locations on the lot of the building and other structures, existing and proposed; and the existing and intended use of each building, structure or part thereof; the number of families to be accommodated, if any; and such other information as is needed to determine their conformance with the provisions of this title. Where multiple land use permits or zone changes are required, such hearings and applications may be applied for and conducted at one time. Final action on a permit or zone change application, including all appeals, shall occur within 120 days of submittal of a complete application. [Ord. 1266 § 2 (Exh. B), 2021; Ord. 1242 § 1 (Exh. A), 2016; Ord. 975 § 2, 1993; Ord. 950 § 118, 1991.]
17.150.140 Time limit on approved plans and permits.
All land use decisions and approvals shall be based upon findings of fact. In order to assure that these decisions remain valid, all land use approvals shall be void after one year if no substantial construction has taken place. However, the planning commission may grant two one-year extensions upon a determination that the applicant is pursuing the completion of the project and that no material changes of surrounding land uses or designation have occurred. [Ord. 1266 § 2 (Exh. B), 2021; Ord. 1242 § 1 (Exh. A), 2016; Ord. 975 § 2, 1993; Ord. 950 § 119, 1991.]
17.150.150 Interpretation.
The provisions of this title shall be held to the minimum requirements fulfilling its objectives. Where the conditions imposed by any provision of this title are less restrictive than comparable conditions imposed by any other provisions of this title or of any other ordinance, resolution or regulation, the provisions which are more restrictive shall govern. [Ord. 1266 § 2 (Exh. B), 2021; Ord. 1242 § 1 (Exh. A), 2016; Ord. 975 § 2, 1993; Ord. 950 § 120, 1991.]
17.150.160 Penalty.
The owner or owners of any buildings or premises, or part thereof, where anything in violation of this title shall be placed, or exist, or be maintained, and any architect, builder or contractor who shall assist in the commission of any such violation, and all persons or corporations who shall violate or maintain any violation of any of the provisions of this title, or who shall fail to comply with any order issued under this title, or with any requirements thereof, or who shall build in violation of any statement or plan submitted and approved under this title, shall for each and every violation or noncompliance be fined not more than $250.00. Each day that a violation of this title continues shall be considered a separate offense, commencing upon the date the city provides written notice to the property owner or occupant of the violation. [Ord. 1266 § 2 (Exh. B), 2021; Ord. 1242 § 1 (Exh. A), 2016; Ord. 1186 § 2, 2008; Ord. 975 § 2, 1993; Ord. 950 § 121, 1991.]