Chapter 16.42
DETERMINATIONS AND ADMINISTRATIVE REVIEWS
Sections:
16.42.010 Authorization.
16.42.020 Definition.
16.42.030 Requests for a determination.
16.42.040 Review procedure.
16.42.050 Standards for making determinations.
16.42.060 Scope of determinations and administrative reviews.
16.42.070 Conditions under previous ordinance.
16.42.080 Modification or withdrawal of determinations and administrative reviews.
16.42.090 Expiration and extensions.
16.42.100 Effect of determinations and administrative reviews on zoning ordinance amendments.
16.42.110 Administrative review.
16.42.010 Authorization.
The zoning administrator is authorized to issue determinations or administrative reviews regarding conformance of existing or proposed uses on a particular lot or parcel with the requirements of this title, including determinations or administrative reviews relating to nonconforming uses as provided in Chapter 16.48 MCC, subject to the requirements of this chapter. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 42.01.]
16.42.020 Definition.
A determination includes, but is not limited to, written information provided by the zoning administrator regarding the application of this title to a specific lot or parcel such as an indication of conformance with applicable provisions of this title in official correspondence or on a state agency permit, building permit, mobile home siting permit, occupancy permit, or similar document. (See Chapter 16.35 MCC for procedures for clarifying the applicability of this title under general circumstances.) Oral information is not a determination and cannot be considered the basis for any act in violation of this title.
An administrative review is a written determination that requires an interpretation or the exercise of factual, policy, or legal judgment and is considered a land use decision and is issued as a land use permit. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 42.02.]
16.42.030 Requests for a determination.
The following procedures shall apply to requests for written determinations not associated with a building permit, mobile home siting permit, occupancy permit or similar action:
A. Any interested person may request a written determination.
B. The request shall identify the name, address and phone number of the applicant, and the owner and address of the property.
C. Requests shall include a copy of the latest property transfer document.
D. The request shall also include a written explanation of the specific issues to be determined. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 42.03.]
16.42.040 Review procedure.
A. The zoning administrator shall review requests for determinations. For requests submitted under MCC 16.42.030 written findings shall be prepared indicating whether or not the use meets the criteria in MCC 16.42.050. The written determination shall identify the expiration date and procedure for obtaining an extension as provided in MCC 16.42.090.
B. The written determination shall be provided to the applicant and to any persons who request a copy.
C. The zoning administrator may charge a fee set by order of the board for a written determination. The zoning administrator shall keep a file of all written determinations.
D. The zoning administrator shall not be responsible for verifying the accuracy or completeness of information provided by the requestor. The validity and effectiveness of determinations is limited to the facts presented by the requestor. No liability is assumed for erroneous or incomplete information in the request. [Ord. 863 § 5, 1990. UZ Ord. § 42.04.]
16.42.050 Standards for making determinations.
A determination of conformance with this title shall be made if the zoning administrator finds compliance with the requirements of the applicable zone or overlay zone, the regulations pertaining to nonconforming uses in Chapter 16.48 MCC, the general development regulations in Chapter 16.24 MCC and Chapters 16.26 through 16.34 MCC, and the definitional limits in Chapter 16.49 MCC. In addition, the zoning administrator shall not make a determination of conformance with this title unless the provisions of this chapter have been met. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 42.05.]
16.42.060 Scope of determinations and administrative reviews.
A. For requests submitted pursuant to MCC 16.42.030 or 16.42.110, the zoning administrator shall determine from available records whether the subject lot or parcel and existing uses were established in conformance with applicable county regulations, or shall clearly indicate the limited scope of the determination or administrative review.
B. If a determination cannot be made without interpretation or the exercise of factual, policy or legal judgment, the zoning administrator shall deny the request. Where a determination with regard to a proposed use, structure or the legality of a parcel cannot be made without interpretation or the exercise of factual, policy or legal judgment, the proposed use, structure, or the legality of a parcel may be reviewed as an administrative review subject to submittal of an application as provided in MCC 16.42.110. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 42.06.]
16.42.070 Conditions under previous ordinance.
A. If under previous ordinances, conditions were imposed as part of a zone change or a resolution of intent to rezone that have not been met, or require continuing compliance, any determination or administrative review for the subject property shall identify the conditions and note that they remain in effect.
B. If a conditional use permit was granted under previous ordinances and the conditions imposed have not been met, or require continuing compliance, a determination or administrative review for the subject property shall identify the conditions and note that they remain in effect. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 42.07.]
16.42.080 Modification or withdrawal of determinations and administrative reviews.
Written determinations or administrative reviews may be modified or withdrawn prior to establishment of a use or occupancy of a structure if new information is received that demonstrates that the determination or administrative review was in error. Those provided with a copy of the original determination or administrative review shall be provided a copy of the modified determination, or administrative review or notice of the withdrawal. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 42.08.]
16.42.090 Expiration and extensions.
A determination remains effective for one year; provided, that determinations made as part of a permit issuance shall remain effective as long as the permit remains effective. The zoning administrator may grant one-year extensions of the determination when requested in writing prior to the expiration date. An administrative review runs with the land, unless a specific expiration date is identified in the decision or the decision is revoked. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 42.09.]
16.42.100 Effect of determinations and administrative reviews on zoning ordinance amendments.
Where a structure or use has been modified or established in reliance on a written determination or administrative review, and the applicable land use regulations change, the structure or use shall be subject to the provisions of Chapter 16.48 MMC, Nonconforming Use and Development. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 42.10.]
16.42.110 Administrative review.
Where a determination about a proposed use, structure or the legality of a parcel cannot be made without interpretation or the exercise of factual, policy or legal judgment, the proposed use, structure, or the legality of a lot or parcel may be reviewed as an administrative review subject to submittal of an application as provided in Chapter 16.36 MCC. The administrative review procedures, as provided below, shall be followed in making these decisions.
A. The decision shall be made on the basis of the applicable city comprehensive plan and applicable standards and criteria in the Marion County urban zoning ordinance. The zoning administrator or designee may attach any conditions of approval deemed necessary to ensure conformance of the use, structure, lot or parcel or to the standards or criteria. Administrative review applications may be filed and shall be signed as required in Chapter 16.36 MCC. Notwithstanding any other provisions of this title, the zoning administrator or designee may forward any land use permit or application to the planning commission or hearings officer for a public hearing and initial decision.
B. Notice of a decision shall be sent to the applicant, the owner(s) of the subject property, the co-tenants if the subject property is owned by tenants in common, and all property owners within the notification area prescribed by MCC 16.49.182 or as required by state law or administrative rule.
C. The applicant or any persons aggrieved or affected by the decision may file a request for a hearing to the county planning division within 15 days of the date the decision was rendered. The request must be in writing and should explain wherein the decision is factually or legally incorrect, or state new facts material to the decision that were not available to the zoning administrator or designee.
D. The applicant may file a request for reconsideration without a hearing to the planning division within 15 days of the date the decision was rendered. The request must be in writing and received in the planning division office prior to the decision being final, and should explain wherein the decision is factually or legally incorrect, or state new facts material to the decision that were not available to the zoning administrator, or propose modifications that will better conform the proposal to the requirements of this title. The request for reconsideration shall include a signed 30-day waiver of the 150-day time limit in ORS 215.427.
Applicants shall be limited to one request for reconsideration per application. The zoning administrator shall reconsider the matter and provide notice to the person requesting reconsideration and as required in subsection (B) of this section.
The board may call up any action of the zoning administrator, planning commission or hearings officer in granting or denying administrative reviews. This action of the board shall be taken at the meeting where notice of the decision is presented. When the board takes such action, the zoning administrator’s, planning commission’s or hearings officer’s records pertaining to the administrative review in question shall be submitted to the board by the zoning administrator or hearings officer. The call-up shall stay all proceedings in the same manner as the filing of a notice of appeal.
E. When reconsideration has been requested, the decision is stayed until final action is taken.
F. On request for a hearing, the hearings officer shall hold a hearing on the matter in accordance with Chapter 16.44 MCC.
G. MCC 16.44.300 and Chapter 16.45 MCC shall apply to any appeals from the decision of the hearings officer. [Ord. 1301 § 4 (Exh. A), 2010. UZ Ord. § 42.10.]