TITLE 17 - Index (Chapters 7-10)

CHAPTER 17.07 PLANNED DEVELOPMENTS
17.07.010 Purpose
17.07.020 Applicability
17.07.030 Applicable Procedures
17.07.040 Applicability in Commercial and Industrial Zones
17.07.050 Allowed Uses
17.07.060 Applicability of the Base Zone Development Standards.
        Diagram B - Planned Development Boundary
17.07.070 Private Streets
17.07.080 Preliminary Development Plan Submission Requirements
17.07.090 Approval Criteria
        Diagrams C - Examples of Architectural Features
        Example of Façade Articulation
        Example of Exterior Siding Material
        Examples of Architectural Features
        Diagram D - Building Design Elements
17.07.100 Shared Open Space
17.07.110 Noncompliance and Bonding


CHAPTER 17.08 ZONE CHANGES AND PLAN AMENDMENTS
17.08.010 Legislative Zone Changes and Plan Amendments
17.08.020 Legislative Zone Changes and Plan amendments Criteria
17.08.030 Quasi-Judicial Zone Changes and Plan Amendments
17.08.040 Quasi-Judicial Zone Changes and Plan Amendments Criteria
17.08.050 Transportation Planning Rule (Legislative and Quasi-Judicial)
17.08.060 Record of Zone Changes and Plan Amendments
17.08.070 Limitation on Re-Applications


CHAPTER 17.09 REVIEW PROCEDURES
17.09.010 Purpose
17.09.020 Ministerial Actions
17.09.030 Administrative Actions
17.09.040 Quasi-Judicial Actions
17.09.050 Legislative Actions
17.09.060 Quasi-Judicial and Legislative Public Hearings.
17.09.070 Appeal Procedures
17.09.090 Filing Fees
17.09.100 Criteria for Approval
17.09.110 Restrictions
17.09.120 Pre-Application Conferences
17.09.130 Neighborhood Meeting Requirement
17.09.140 Amended Decision Process and Correction of Clerical Errors


CHAPTER 17.10 SEVERABILITY – PENALTIES
17.10.010 Severability
17.10.020 Penalty and Abatement


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CHAPTER 17.07 PLANNED DEVELOPMENTS

SECTIONS:
17.07.010 Purpose
17.07.020 Applicability
17.07.030 Applicable Procedures
17.07.040 Applicability in Commercial and Industrial Zones
17.07.050 Allowed Uses
17.07.060 Applicability of the Base Zone Development Standards
17.07.070 Private Streets
17.07.080 Preliminary Development Plan Submission Requirements
17.07.090 Approval Criteria
17.07.100 Shared Open Space
17.07.110 Noncompliance and Bonding

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17.07.010 Purpose.  The purposes of the planned development are:

1. To provide a means for creating planned environments that are equal or better than that resulting from traditional lot-by-lot land use development, through the application of flexible standards such as zero-lot lines, narrower streets, and other innovative planning practices;
2. To facilitate the efficient use of land;
3. To promote an economic arrangement of land use, buildings, circulation systems, open space, and utilities;
4. To preserve to the greatest extent possible the existing landscape features and amenities through the use of a planning procedure that can relate the type and design of a development to a particular site;
5. To encourage development that recognizes the relationship between buildings, their use, open space, and access ways, and thereby maximizes the opportunities for innovative and diversified living environments; and
6. To encourage commercial and industrial development that includes a mix of uses, is designed in a manner that mitigates impacts to surrounding uses, includes well designed buildings that contribute the character of Hood River, and includes a thoughtful site plan.

17.07.020 Applicability

A. Zones.  The planned development designation is applicable to all zones.

B. Minimum Site Size for Residential Development.  Residential development in the R-1 zone shall have a minimum parcel size of a half (½) acre to apply the planned development process.  There is no minimum size for R-2 and R-3.
 
 
C. Density Calculations for a Planned Unit Development:

 *All projects can get a 30% bonus density for affordable housing only.

SIZE

R-1

R-2

R-3

Infill PUDs

Total lot area divided by base zone.  Infill projects are projects that do not require any roadways, public or private.

2 acres or less

Subtract 40% from total area before dividing for base density.

Subtract 30% from total area before dividing for base density.

Subtract 30% from total area before dividing for base density.

More than 2 acres

Subtract 50% from total area before dividing for base density.

Subtract 40% from total area before dividing for base density.

Subtract 30% from total area before dividing for base density.

For density calculation purposes the final number shall be rounded down to the next whole number if the calculation is .49 and rounded up to the next whole number if the calculation is .50.

*Prior to a project being accepted for inclusion in the 30%, the applicant’s justification to include a) how the units will not become second homes; b)how the units will be prevented from being resold at market value; c)how they will not be immediately “flipped” for a quick profit; d)what income range are the residents? shall be approved by the City and made part of the PUD approval.

17.07.030 Applicable Procedures

A. Approval Process. 
1. Preliminary Development Plat Approval:  Preliminary development plan approval shall be processed as a Quasi-Judicial Action.
2. Final Development Plan Approval:  Final development plan approval shall be processed as a Ministerial Action.

B. Concurrency with Subdivision and Partition Application.  If the application involves the division of land, the applicant shall file concurrently or file for subdivision or partition approval prior to applying for Planned Development approval.  If filed concurrently, preliminary plat approval shall be processed along with preliminary plan approval, and the final development plan shall be submitted for approval and filed along with the final plat.

C. Time Limit on Filing of Final Development Plan.  Within two (2) years after the date of the Planning Commission approval of the preliminary development plan, the owner shall prepare and file with the Planning Director a final development plan.  Action on the final development plan shall be ministerial by means of a Ministerial Action using following approval criteria:
1. The Planning Director shall approve the final development plan upon finding that the plan conforms with the preliminary development plan approved, or approved with conditions, by the Commission. 

D. Preliminary development plan changes. The applicant may request modifications to the preliminary development plan.  Approval is based on the following the procedures and criteria: 
1. Minor Modifications:  An application for approval of a minor modification shall be reviewed as an Administrative Action, and the review shall be limited in scope to the modification requested.  A minor modification shall be approved, or approved with conditions, if the preliminary development plan continues to meet the applicable standards and criteria and is not a major modification as defined below.  The modification shall be processed as a minor modification(s) if the Planning Director finds that all of the following criteria are met by the proposed changes listed below:
a. There will be no change in land use;
b. There will be no increase in the number of dwelling units;
c. There will be no change in the type and/or location of access ways, drives or parking areas that affect off-site traffic;
d. There will be less than a five percent (5%) change in the floor area proposed for nonresidential use where previously specified;
e. There will be a less than five percent (5%) change in the area reserved for common open space and/or usable open space; and
f. There will be a less than five percent (5%) change to specified setback requirements, provided the minimum setback standards of the land use district can still be met.
2. Major Modification:  An application for approval of a major modification shall be reviewed as a Quasi-Judicial Action, and the review shall be limited in scope to the modification requested.  A major modification shall be approved, or approved with conditions, if the preliminary development plan will continue to meet all applicable criteria.  All modifications to an approved development plan that are not minor modifications as provided above, shall be reviewed as a major modification.

E. Extension.  Extensions shall be processed as Ministerial Actions.  The Planning Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period for the final development plan not to exceed one (1) year provided that
1. No changes have been made on the preliminary development plan as approved by the Planning Commission and as modified pursuant to the modification section above;
2. The applicant can show intent of applying for final development plan review within the one (1) year extension period; and
3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 

F. Phased Development.
1. The Planning Commission may approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than five (5) years without reapplying for preliminary development plan review.
2. A phased development plan proposal shall be approved subject to the following conditions:
a. All public facilities associated with or necessary for the phase shall be constructed in conjunction with or prior to each phase; and
b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities.  A temporary public facility is any facility not constructed to the applicable City or district standard. 
c. The final phase shall be completed and ready for occupancy no later than five (5) years from the date of the final development plan approval.
3. If the final phase is not completed within the five (5) year time period, the Planned Development will be in noncompliance with this chapter.

17.07.040 Applicability in Commercial and Industrial Zones

A. By Election.  An applicant for a commercial or industrial project may elect to develop the project as a planned development, in compliance with the requirements of this chapter.

B. As Condition of Approval in Commercial and Industrial Developments.  An approval authority may apply the provisions of this chapter as a condition of approving any application for a commercial or industrial development.

17.07.050 Allowed Uses

A. In Residential Zones.   Planned Developments in all residential zones may contain any of the following uses subject to the density provisions of the underlying zone and the density bonus provisions of this Chapter:
1. All uses allowed outright or by condition in the underlying zoning district
2. Single-family detached and attached residential units
3. Duplex residential units
4. Multi-family residential units
5. Manufactured homes
6. Public and institutional uses
7. Indoor recreation facility such as athletic club, fitness center, racquetball court, swimming pool, tennis court, or similar use
8. Outdoor recreation facility such as golf course, golf driving range, swimming pool, tennis court, or similar use
9. Recreational vehicle storage area, for the Planned Unit Development residents only.

B. In Commercial Zones.  Planned Developments in all commercial zones may contain any of the uses permitted outright or as a conditional use in the underlying zone.

C. In Industrial zones. Planned developments in industrial zones may contain any of the uses permitted outright or as a conditional use in the underlying zone.

17.07.060 Applicability of the Base Zone Development Standards

A. Compliance to specific development standards. The provisions of the base zone are applicable as follows:
1. Lot Dimensional Standards:  The minimum lot size standards shall not apply.  Minimum frontage standards do not apply to buildings interior to the Planned Development.

2. Building Height:  Qualified commercial and industrial building heights may be increased on the interior of the site when the building setback is increased.  On qualified buildings, the height may be increased one (1) foot for each additional foot of setback up to a maximum of one hundred twenty percent (120%) of the base zone height standard.  To qualify, a building shall have eighty percent (80%) of the building footprint more than thirty-five (35) feet from the Planned Development site boundary. See Diagram “B” below. No height increases are allowed for residential buildings.

Diagram ”B” – Planned Development Boundary

3. Structure setback provisions:
a. Front yard and rear yard setbacks for structures on the perimeter of the project shall be the same as that required by the underlying zone, unless increased in the Planned Development review process.
b. The side yard setback provisions shall not apply except that all detached structures shall otherwise meet the Uniform Building Code requirements; and
c. Front yard and rear yard setback requirements in the base zone setback shall not apply to structures on the interior of the project except that:
(1) A minimum front yard setback of twenty (20) feet is required for any garage structure which opens facing a street.
(2) A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided.

B. Other Provisions of the Base Zone. All other provisions of the base zone shall apply except as modified by this chapter. 

17.07.070 Private Streets.  Private streets are allowed as part of a Planned Development when they conform to the following standards:
1. Private streets shall have a minimum improved width of ten (10) feet for each lane of traffic.
2. On-street parking spaces shall be improved to provide an additional eight (8) feet of street width.

17.07.080 Preliminary Development Plan Submission Requirements

A. Pre-Application Conference.  Prior to submittal of a Planned Development application, the applicant, or the applicant’s representative, shall attend a pre-application conference.

B. General Submission Requirements.  The application shall contain all of the following:
1. A statement of planning objectives to be achieved by the Planned Development through the particular approach proposed by the applicant.  This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant.
2. A development schedule indicating the approximate dates when construction of the Planned Development and its various phases are expected to be initiated and completed. The statement should include the anticipated rate of development; the approximated dates when each stage will be completed; and the area, location, and degree of development of common open space that will be provided at each stage.
3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the Planned Development.
4. A narrative statement documenting compliance with the applicable approval criteria contained in this Chapter.
5. A preliminary development plan.

C. Additional Information.  In addition to the general information described in Subsection B above, the preliminary development plan, data, and narrative shall include the following information: 
1. A map showing street systems, lot or partition lines, and other divisions of land for management use or allocation purposes;
2. Areas proposed to be conveyed, dedicated, or reserve for public streets, parks, parkways, playgrounds, school sites, public buildings, and similar public and semi-public uses;
3. A plot plan for each building site and common open space area, showing the approximate location of buildings, structures, and other improvements and indicating the open space around building and structures;
4. Elevation and perspective drawings of proposed structures with enough detail to shown design features;
5. The following plans and diagrams:
a. An off-street parking and loading plan;
b. A circulation diagram indicating proposed movement of vehicles, goods, and pedestrians within the Planned Development and to and from thoroughfares.  Any special engineering features and traffic regulation devices shall be shown;
c. A landscaping and tree plan; and
6. A copy of all existing or proposed restrictions or covenants.

17.07.090 Approval Criteria

A. Specific Planned Development Approval Criteria. The following approval criteria shall apply to the planned development:
1. All the provisions of the land division provisions, Title 16, shall be met.
2. Except as noted, the Conditional Use Decision Criteria (Chapter 17.06) shall be the approval criteria.  A Planned Development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Planning Commission, that promote the purpose of this section.  In each case, the applicant must provide findings to justify the modification of the approval criteria in the Conditional Use chapter (Chapter 17.06).  The developer may choose to provide, or the Commission may require, additional amenities, landscaping, or tree planting.
3. A minimum of thirty (30%) percent of a Planned Development site area shall be reserved as common open space.  The thirty percent (30%) open space requirement shall be exempt in the Central Business district and the Heights Business District.  Open space means an area intended for common use either privately owned and maintained or dedicated to the City. This area shall be designated for outdoor living and recreation or the retention of an area in its natural state. Open space may include swimming pools, recreation courts, patios, open landscaped areas, or greenbelts with pedestrian, equestrian, and bicycle trails. Open space does not include off-street parking or loading areas.
4. Unless authorized below, residential density shall be governed by the density established in the underlying zoning district.  The Planning Commission may further authorize a residential density bonus not to exceed thirty-three (33%) percent as an incentive to enhance the architectural character of the development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase that the Planning Commission may approve according to the following:
a. A maximum of ten (10%) percent is allowed for the inclusion of at least six (6) of the architectural features listed below on all elevations, as appropriate for the proposed building type and style. Features may vary on rear/side/front elevations where appropriate.
b. A maximum of twenty (20%) percent is allowed for the inclusion of at least nine (9) of the architectural features listed below on all elevations, as appropriate for the proposed building type and style. Features may vary on rear/side/front elevations where appropriate.
c. A maximum of thirty-three (33%) percent is allowed for the inclusion of at least twelve (12) of the architectural features listed below on all elevations, as appropriate for the proposed building type and style. Features may vary on rear/side/front elevations where appropriate.  See the following Diagram “C” for examples of architectural features.
(1) Dormers
(2) Gables
(3) Recessed entries
(4) Covered porch entries
(5) Cupolas or towers
(6) Pillars or posts
(7) Eaves (min. 18-inch projection)
(8) Off-sets in building face or roof (minimum 16 inches)
(9) Window trim (minimum 4-inches wide)
(10) Bay windows
(11) Balconies
(12) Decorative patterns on exterior finish (e.g., scales/shingles, wainscoting, ornamentation, and similar features)
(13) Decorative cornices and roof lines (e.g., for flat roofs)
(14) Façade articulation (siding materials should only be changed along horizontal lines)
(15) High quality exterior siding material.  High quality means that there should be a single, clearly dominant material for all exterior walls.  Brick, stucco, and stone front facades shall return at least eighteen (18) inches around sidewalls.  Lap siding and shingles shall be exposed a maximum of five (5) inches.  Heavier materials shall appear only below lighter appearing materials.
(16) An alternative feature providing visual relief, similar to options (1)-(15) above.
5. The following criteria shall apply to all Planned Developments unless otherwise specified as applicable only to certain specific uses:
a. Relationship to the natural and physical environment:
(1) The streets, buildings, and other site elements shall be designed and located to preserve the existing trees, topography, and natural drainage to the greatest degree possible.
(2) Structures located on the site shall not be in areas subject to ground slumping and sliding.
(3) There shall be adequate distance between on-site buildings and other on-site and off-site buildings on adjoining properties to provide for adequate light and air circulation and for fire protection.
(4) The structures shall be oriented with consideration for the sun and wind directions, where possible.
b. Private outdoor area – multi-family use:
(1) Each ground-level residential dwelling unit shall have an outdoor private area (patio, terrace, porch) of not less than forty-eight (48) square feet.
(2) Wherever possible, private outdoor open spaces should be oriented toward the sun.
(3) Private outdoor spaces shall be screened or designed to provide privacy for the use of the space.
c. Shared outdoor recreation areas – multi-family use:
(1) Each multiple-dwelling development shall incorporate shared usable outdoor recreation areas within the development plan as follows:
(a) Studio units up to and including two (2) bedroom units shall provide 200 square feet per unit.
(b) Three or more bedroom units shall provide 300 square feet per unit.
(2) Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety.
(3) The required recreation space may be provided as follows:
All outdoor space;
(a) Part outdoor space and part indoor space (e.g. an outdoor tennis court and indoor recreation room);
(b) All public or common space; or
(c) Part common space and part private (e.g. an outdoor tennis court, indoor recreation room, and balconies on each unit).
i. Where balconies are added to units, the balconies shall not be less than forty-eight (48) square feet.
d. Parking:  All of the required off-street parking spaces may be provided in one or more common parking lots within the Planned Development.
e. Drainage:  All drainage provisions shall be subject to review and approval by the City Engineer and shall comply with all applicable provisions of the ORS and HRMC.
f. Floodplain dedication:  Where landfill and/or development is allowed within or adjacent to the one hundred (100) year floodplain, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain.  This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan.

Diagrams C - Examples of Architectural Features

 

 

Examples of Architectural Features

B.  Additional Criteria for Commercial and Industrial Development.  In addition to the specific Planned Development approval criteria above, Planned Developments with commercial and industrial uses shall meet the following criteria:
1. Commercial and industrial uses that abut existing residential zones shall be located on the site or be designed in a manner, to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise.
2. Commercial projects are encouraged to include housing as a secondary use, as appropriate.
3. All commercial buildings shall contribute to the storefront character and visual relatedness of surrounding buildings.  This criterion is met by providing all of the architectural features listed below along the front building elevation (i.e., facing the street), as applicable.
(1) Corner building entrances on corner lots.  Alternatively, a building entrance may be located away from the corner when the building corner is beveled or incorporates other detailing to reduce the angular appearance of the building at the street corner.
(2) Regularly spaced and similar-shaped windows with window hoods or trim (all building stories).
(3) Large display windows on the ground-floor (nonresidential uses only).  Display windows shall be framed by bulkheads, piers, and a storefront cornice (e.g., separates ground-floor from second story, as shown below).
(4) Decorative cornice at top of building (flat roof), or eaves provided with pitched roof.

[Note: the example shown below (Diagram “D” – Building Design Elements) is meant to illustrate required building design elements and should not be interpreted as a required architectural style.

C. Industrial developments shall be oriented on the site to minimize adverse impacts (e.g. noise glare, smoke, dust, exhaust, vibration, etc.) The following standards shall apply:
1. Mechanical equipment, lights, emissions, shipping/receiving areas, and other components of an industrial use that are outside enclosed buildings shall be located away from residential areas, schools, parks, and other non-industrial areas to the maximum extent practicable; and
2. A landscape buffer, or other visual or sound barrier (fence, wall, landscaping, or combination thereof), maybe required to mitigate adverse impacts that cannot be avoided through building orientation standards alone.
D. Industrial buildings oriented to the street shall have architectural features such as windows, pedestrian entrances, building off-sets, projections, detailing, change in materials, or similar features to break up and articulate large building surfaces and volumes.
E. Industrial buildings shall have pedestrian-scale building entrances by including recessed entries, canopies, and/or similar features.

 

 Diagram D - Building Design Elements

17.07.100 Shared Open Space.  The following requirements shall apply to common open space in each planned Development:
1. The open space area shall be shown on the final development plan.
2. The open space shall be conveyed in accordance with one of the following methods:
a. By dedication to the City as publicly-owned and maintained as open space.  Open space proposed for dedication must be acceptable to the City with regard to the size, shape, location, improvement, and budgetary and maintenance limitations; or
b. By leasing or conveying title (including beneficial ownership) to a corporation, home association, or other legal entity, with the City retaining the development rights to the property.  The terms of such lease or other instrument of conveyance must include provisions suitable to the City Attorney for guaranteeing the following:
(1) The continued use of such land for the intended purposes;
(2) Continuity of property maintenance;
(3) When appropriate, the availability of funds required for such maintenance;
(4) Adequate insurance protection; and
(5) Recovery for loss sustained by casualty and condemnation or otherwise.
c. By any method which achieves the objectives set forth above.

17.07.110 Noncompliance and Bonding

A. Noncompliance. Noncompliance with an approved final development plan shall be a violation of this chapter.

B. Issuance of Occupancy Permits.  The development shall be completed in accordance with the approved final development plan including landscaping and recreation areas before any occupancy permits are issued.  However, when the Planning Director determines that immediate execution of any feature of an approved final development plan is impractical due to climatic conditions, unavailability of materials, or other temporary condition, the occupancy permit may be issued on condition that the applicant post a performance bond or other surety acceptable to the City to secure execution of the feature at a time certain not to exceed one (1) year.

 

 

CHAPTER 17.08 ZONE CHANGES AND PLAN AMENDMENTS

SECTIONS:
17.08.010 Legislative Zone Changes and Plan Amendments
17.08.020 Legislative Zone Changes and Plan amendments Criteria
17.08.030 Quasi-Judicial Zone changes and Plan Amendments
17.08.040 Record of Zone Changes and Plan Amendments
17.08.050 Transportation Planning Rule (Legislative and Quasi-Judicial)
17.08.060 Record of Zone Changes and Plan Amendments
17.08.070 Limitations on Re-applications

 

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17.08.010 Legislative Zone Changes and Plan Amendments.  Legislative zone changes or plan amendments ("zone or plan changes") may be proposed by the Planning Commission or City Council.  Such proposed changes shall be broad in scope and considered legislative actions.  The City Council shall obtain a recommendation on the proposed changes from the Planning Commission.  The recommendation of the Planning Commission shall be forwarded to the City Council within sixty (60) days after it is requested from the Planning Commission.  The Planning Commission shall conduct at least one (1) public hearing to assist in formulating its recommendation.  The City Council shall conduct its own public hearing.  Public notice of the legislative zone or plan change hearing before the City Council shall be published in a newspaper of general circulation within the city at least twenty (20) days prior to the date of the hearing.

17.08.020 Legislative Zone Changes and Plan Amendments Criteria

A. Legislative zone or plan changes may be approved if
1. The effects of the change will not be unreasonably harmful or incompatible with existing uses on the surrounding area; and
2. Public facilities will be used efficiently; and
3. No unnecessary tax burden on the general public or adjacent land owners will result.

B. Legislative zone or plan changes may be approved if subsection (A) above is met and one or more of the following, as applicable, are met:
1. A mistake or omission was made in the original zone or plan designation.
2. There is not an adequate amount of land designated as suitable for specific uses.

C. The hearing body shall consider factors pertinent to the preservation and promotion of the public health, safety, and welfare, including, but not limited to
1. The character of the area involved;
2. It’s peculiar suitability for particular uses;
3. Conservation of property values; and
4. The direction of building development.

17.08.030 Quasi-Judicial Zone Changes and Plan Amendments.  A quasi-judicial zone or plan change may be initiated only by the application(s) of the owner(s) or authorized agent of the subject property.

A. An application for a quasi-judicial zone or plan change shall be submitted to the City Planning Department.  The application shall include
1. The applicable fee.
2. A statement by the applicant explaining the proposed zone or plan change, including existing zoning and proposed zoning.
3. The tax map of the area being considered for a zone or plan change, indicating boundaries, existing zoning, and existing comprehensive plan designation;
4. A copy of a document showing ownership of the subject property, and if the applicant is not the owner, a letter of authorization from the owner;
5. A vicinity map showing the subject property and the surrounding parcels, together with their current zoning;
6. The reason(s) for requesting the zone change;
7. Existing site conditions, including but not limited to: topography, public facilities and services, natural hazards, natural areas, open space, scenic and historic areas, transportation, and present use of the site;
8. An explanation of how the zone change complies with the Comprehensive Plan and criteria in this chapter;
9. A statement of the potential effect(s) of the zone or plan change on the site; and
10. If an exception to a goal is required, applicant shall submit documentation establishing compliance with Oregon Revised Statute ORS 197.732 and any applicable Oregon Administrative Rules.

B. The Planning Director shall schedule at least one (1) public hearing on the application for zone or plan changes before the Planning Commission.  The Planning Commission shall forward its recommendation to the City Council, which shall approve, approve with conditions, or deny the application.

C. The application shall not be approved unless the proposed zone or plan change would be in compliance with the Comprehensive Plan and the criteria set forth in this chapter.

D. Hearings under this chapter may be held only after required notification and shall be conducted in conformance with the Review Procedures (Chapter 17.09).

17.08.040 Quasi-Judicial Zone Changes and Plan Amendments Criteria

A. Quasi-Judicial zone or plan changes may be approved if the change will not be unreasonably harmful or incompatible with existing uses and one or more of the following exist:
1. A mistake was made in the original zone or plan designation; or
2. There is a public need for the change, and this identified need will be served by changing the zone or plan designation for the subject property(ies); or
3. Conditions have changed within the affected area, and the proposed zone or plan change would therefore be more suitable than the existing zone or plan designation.

B. The hearing body shall consider factors pertinent to the preservation and promotion of the public health, safety, and welfare, including, but not limited to:
1. The character of the area involved;
2. It’s peculiar suitability for particular uses;
3. Conservation of property values; and
4. The direction of building development.

17.08.050 Transportation Planning Rule (Legislative and Quasi-Judicial)

A. Zone changes and amendments to the comprehensive plan and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function, capacity, and level of service of the facility identified in the Transportation System Plan.  This shall be accomplished by one of the following:
1. Limiting allowed land uses to be consistent with the planned function of the transportation facility;
2. Amending the Transportation System Plan to ensure that existing, improved, or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule;
3. Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes;
4. Amending the Transportation System Plan to modify the planned function, capacity or performance standards of the transportation facility.
B. A plan or land use regulation amendment significantly affects a transportation facility if it
1. Changes the functional classification of an existing or planned transportation facility;
2. Changes standards implementing a functional classification system;
3.  As measured at the end of the planning period identified in the adopted transportation system plan or, when evaluating highway mobility on state facilities, as measured at the end of the 20 year planning horizon or a planning horizon of 15 years from the proposed date of the amendment adoption, whichever is greater:
a. Allows types or levels of land use that would result in levels of travel or access that are inconsistent with the functional classification of a transportation facility;
b. Would reduce the level of service of the facility below the minimum acceptable level identified in the Transportation System Plan; or
c. Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the TSP or comprehensive plan.
C. Traffic Impact Analysis.  A Traffic Impact Analysis or Traffic Assessment Letter shall be submitted with a plan or land use regulation amendment or a zone change application. (See Section 17.20.060 Transportation Impact Analysis).

17.08.060 Record of Zone Changes and Plan Amendments.  The Planning Department shall maintain records of amendments to the text and zoning map of this title.

17.08.070 Limitation on Re-Applications.  No reapplication of a property owner for a zone or plan change shall be considered within a six (6) month period following a previous denial of such request.

CHAPTER 17.09 REVIEW PROCEDURES

SECTIONS:
17.09.010 Purpose
17.09.020 Ministerial Actions
17.09.030 Administrative Actions
17.09.040 Quasi-Judicial Actions
17.09.050 Legislative Actions
17.09.060 Public Hearings
17.09.070 Appeal Procedure
17.09.080 Re-submittal
17.09.090 Filing Fees
17.09.100 Criteria for Approval
17.09.110 Restrictions
17.09.120 Pre-Application Conferences
17.09.130 Neighborhood Meeting Requirement
17.09.140 Amend ed Decision Process and Correction of Clerical Errors

 

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17.09.010 Purpose.  This chapter describes the review procedures required to make final decisions regarding applications for ministerial actions, administrative actions, quasi-judicial actions, and legislative actions, and to provide for appeals.  The provisions of ORS chapters 197 and 227 also apply, and in the event of conflict, the provisions of ORS control.

17.09.020 Ministerial Actions

A. The Director has the authority to review and approve, approve with conditions, or deny ministerial actions.

B. Decision Types.  Ministerial actions are not land use decisions or limited land use decisions.  Ministerial actions include, but are not limited to, the following:
1. Final subdivision approval 
2. Final partition approval
3. Boundary line adjustments
4. Sign permits

C. Applications.  An application for a ministerial action shall be submitted by the owner of the subject property, or shall be accompanied by the owner's written authorization, on a form provided by the City and shall
1. Include the information requested on the application form
2. Address the criteria in sufficient detail for review and action; and
3. Be accompanied by the required filing fee. 

D. Time Limits.  The Director shall approve, approve with conditions, or deny an application for a ministerial action within twenty-one (21) days of accepting the application unless the time limit is extended with the consent of the applicant.  A ministerial action not approved within the required time period is deemed approved.

E. Final Decision.  A ministerial decision is final for purposes of appeal on the date it is mailed or otherwise provided to the applicant, whichever occurs first. A ministerial decision becomes effective the day after the twelve (12) day appeal period expires.

F. Appeal.  The applicant can appeal a ministerial action to the Planning Commission per the provisions of the Appeal Procedures of this Chapter within twelve (12) days of the final decision. 

17.09.030 Administrative Actions

A. The Director has the authority to review and approve, approve with conditions, or deny applications processed as administrative actions.

B. Option to Process as Quasi-judicial Action.  At the discretion of the Director or the request of the applicant, an administrative action may be processed as a quasi-judicial action, per the provisions of Quasi-Judicial Actions of this Chapter.

C. Decision Types.  Administrative actions include limited land use decisions and may include land use decisions that are made by the Director without a hearing.  Administrative actions include, but are not limited to, the following:
1. Site Plan Review
2. Partition
3. Extensions of time limits for approved Administrative and Quasi-judicial  actions
4. Minor amendments to subdivisions and partitions
5. Minor historic alterations
6. Interpretation of nonconforming use and structures (Chapter 17.05)
7. Bed and breakfast facilities 
8. Change of use
9. Annexations
10. Written interpretations made under Section 17.01.040

D. Pre-Application Conference.  A pre-application conference may be required at the Director’s discretion prior to filing an application for an administrative action. Pre-application conference requirements and procedures are found in Section 17.09.120 of this Chapter. 

E. Applications.  An application for an administrative action shall be submitted by the owner of the subject property, or shall be accompanied by the owner's written authorization, on a form  provided by the City and shall
1. Include the information requested on the application form
2. Address the criteria in sufficient detail for review and action; and
3. Be accompanied by the required filing fee.

F. Notice of Application.
1. Within ten (10) days after receipt of a complete application for administrative action, notice of the request shall be mailed to:
a. The applicant and owners of property within 250 feet of the subject property.  The list shall be completed from the most recent property tax assessment roll.
b. Any affected governmental agency, department, or public district within, or adjacent to, whose boundaries the subject property lies.  For subject sites located adjacent to a state roadway or where proposals may have an impact on a state facility, notice of the application shall be sent to ODOT.
2. The notice shall:
a. Briefly explain the nature of the application and the proposed use or uses which could be authorized.
b. Set forth the street address or other easily understood geographical reference to the subject property.
c. Provide a fourteen (14) day comment period, from the day notice was mailed, for submission of written comments prior to the decision.
d. State that failure to raise an issue in writing within the comment period, or failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue, precludes appeal to the Council or LUBA on that issue.
e. List, by commonly used citation, the applicable criteria for the decision.
f. State the place, date, and time that comments are due.
g. State that the application, all documents, and evidence relied upon by the applicant, and all applicable criteria are available for inspection at no cost and copies will be provided at a reasonable cost.
h. Include the name and telephone number of the planning staff to contact for additional information.
i. Briefly summarize the decision making process for the decision being made.
3. The failure of a property owner to receive notice as provided in this Section shall not invalidate the proceedings if the Department can show that the notice was given pursuant to this section.
4. Administrative site plan review applications, excluding change of use applications, will require an additional noticing requirement.  The notice of application shall be published one (1) time in the local newspaper of record.

G. Findings and Decision. Administrative actions shall be approved, approved with conditions, or denied in a written decision signed by the Director that includes
1. An explanation of the criteria and standards considered relevant to the decision;
2. A statement of basic facts relied upon in rendering the decision; and
3. Findings that explain and justify the reason for the decision based on the criteria, standards, and basic facts set forth.

H. Final Decision.  An administrative decision is final for purposes of appeal on the date the Notice of Decision is mailed by the City.  An administrative decision becomes effective the day after the twelve (12) day appeal period expires. 

I. Notice of Decision.  Decision notice shall be provided to the applicant, any party of record, the Planning Commission, and any person entitled to notice within five (5) working days of date the decision is signed.  The decision notice shall include
1. A brief summary of the decision and the decision making process; and
2. An explanation of appeal rights and requirements.

J. Appeal.  Administrative actions may be appealed to the Planning Commission, per the provisions of the Appeal Procedures within this Chapter, within twelve (12) days of the date the decision became final.  A Commission decision on appeal may be further appealed to the City Council per the provisions of Appeal Procedures, within twelve (12) days of the date the Commission’s appeal decision became final.

17.09.040 Quasi-Judicial Actions

A. The Commission, Landmarks Review Board, and Council, on appeal, have the authority to review and approve, approve with conditions, or deny applications processed as quasi-judicial actions. 

B. Decision Types.  Quasi-judicial actions are land use decisions, and may include certain limited land use decisions.  Quasi-judicial actions include, but are not limited to, the following:
1. Site plan review
2. Conditional use permits
3. Planned unit developments (PUDs)
4. Variances
5. Non-conforming uses  
6. Subdivisions
7. Zone changes
8. Street vacations
9. Appeals of Ministerial decisions, Administrative decisions, Landmarks Review Board decisions,  or Planning Commission decisions
10. Landmarks Review Board decisions

C. Pre-Application Conference.  A pre-application conference may be required at the discretion of the Director prior to filing an application for a quasi-judicial action. Pre-application conference requirements and procedures are found in Section 17.09.120 of this Chapter. 

D. Applications.  An application for a quasi-judicial action shall be submitted by the owner of the subject property, or shall be accompanied by the owner's written authorization, on a form provided by the City and shall
1. Include the information requested on the application form
2. Address the criteria in sufficient detail for review and action; and
3. Be accompanied by the required filing fee.

E. Staff Report. The Director shall prepare a written staff report for each quasi-judicial action that identifies the criteria and standards that apply to the application and summarizes the basic findings of fact.  The staff report may also include a recommendation for approval, approval with conditions, or denial.

F. Quasi-Judicial Public Hearings.
1. Complete applications for quasi-judicial planning actions shall be heard at a regularly scheduled meeting of the hearing body. 
2. Hearings on applications for quasi-judicial actions shall be conducted per the procedures in Public Hearings section of this Chapter.
3. Unless otherwise ordered by the hearing body, the Director shall schedule complete applications for quasi-judicial actions in the order in which they are deemed complete.
4. The hearings body shall hold at least one (1) public hearing on a complete application.
5. The applicant has the burden of proof to show why the application complies with the applicable criteria or can be made to comply through applicable conditions.
6. The applicant, appellant, or authorized representative, shall attend the prescribed public hearing for the quasi-judicial action, unless otherwise authorized by the hearing body.

G. Notice of Hearing. 
1. At least twenty (20) days before a scheduled quasi-judicial public hearing, notice of the hearing shall be mailed to:
a. The applicant and owners of property within 250 feet of the subject property.  The list shall be compiled from the last available complete property tax assessment roll; and
b. Any affected governmental agency, department, or public district within, or adjacent to, whose boundaries include the subject property lines.  For subject sites located adjacent to a state roadway or where proposals may have an impact on a state facility, notice of the application shall be sent to ODOT.
2. The notice shall
a. Explain the nature of the application and the proposed use or uses which could be authorized.
b. Set forth the street address or other easily understood geographical references to the subject property.
c. State that failure to raise an issue in writing within the comment period, or failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue, precludes appeal to the Council or LUBA on the issue.
d. List, by commonly used citation, the applicable criteria for the decision.
e. State the place, date, and time of the hearing.
f. State that the application, all documents and evidence relied upon by the applicant, and all applicable criteria are available for inspection at no cost and copies will be provided at a reasonable cost.
g. State that the staff report will be available for inspection at no cost and a copy will be provided at a reasonable cost at least seven (7) days prior to the hearing.
h. Include the name and telephone number of the planning staff to contact for additional information.
i. Include a general explanation of the requirements for submission of testimony and procedure for conduct of hearings.
3. The failure of a property owner to receive actual notice as provided in this Section shall not invalidate the proceedings if the Department can show that the notice was given pursuant to this section.
4. Written notice shall be provided to the Department of Land Conservation and Development as required by ORS 197.610.

H. Continuances.
1. Except as otherwise provided below, when a hearing is continued, it may be continued to a specific time and place or an undetermined time and place, notice of the continuance will be made as follows:
a. To a specific time and place.  If notice of a subsequent hearing is made at a public hearing on the same matter and the specific time and place of the subsequent hearing is stated, then no additional notice is required.
b. Undetermined time and place.  If a subsequent hearing has not been scheduled at the time of a previous hearing, as provided in subsection (a) above, then notice of the subsequent hearing must be mailed to all persons who responded to the matter in writing, testified at the previous hearing, or have requested notice.  The notice should, but need not, be mailed at least twenty (20) days before the hearing.
2. Applicant Requested Continuance.   At any time prior to the date and time set for the initial public hearing, the applicant shall receive a continuance upon any request if accompanied by a corresponding extension of the 120- day rule under ORS 227.179.  At the date and time originally scheduled for the public hearing, the hearing body shall open and continue the public hearing to a date and time certain.  This provision also applies to the initial public hearing on appeal.  No additional written notice is required.
3. Any Participant.  Prior to the conclusion of the initial evidentiary hearing, any participant may request an opportunity to present additional evidence, arguments, or testimony regarding the application. The hearings body shall grant the request by continuing the public hearing or leaving the record open for additional written evidence, arguments, or testimony.  The granting of a continuance or record extension is at the discretion of the hearings body.
a. Continuance.  If the hearings body grants a continuance of the public hearing, the hearing shall be continued to a date, time, and place certain at least seven (7) days from the date of the initial evidentiary hearing.   No additional notice of hearing is required if the matter is continued to a specified place, date, and time.  An opportunity shall be provided at the continued hearing for persons to present and rebut new evidence, arguments, or testimony.  If new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing, that the record be left open for at least seven (7) days to submit additional written evidence, arguments, or testimony for the purpose of responding to the new written evidence.
b. Leave the Record Open.  If the hearings body leaves the record open for additional written evidence, arguments or testimony, the record shall be left open for at least seven (7) days. Any participant may file a written request with the local government 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 according to the following procedure:
(i) When the hearings body re-opens the record to admit new evidence or testimony, any person may raise new issues which relate to that new evidence or testimony;
(ii) 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;
(iii) The hearings body shall allow the applicant at least seven (7) 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.
4. All other continuances and record extensions shall be governed by ORS 197.763(6).

I. Decision on Quasi-Judicial Actions.  The decision of the hearing body shall be set forth in writing and signed by the presiding officer. For quasi-judicial annexations and zone changes, the Council’s decision shall be by ordinance.  The written decision shall approve, approve with conditions, or deny the action and be based upon and accompanied by a statement that includes
1. An explanation of the criteria and standards considered relevant to the decision;
2. A statement of basic facts relied upon in rendering the decision; and
3. Facts that explain and justify the reason for the decision based on the criteria, standards, and basic facts set forth.

J. Notice of Decision.  Decision notice shall be mailed to the applicant, any party of record, and any person or entity entitled to notice within five (5) working days of the date the decision is signed.  The decision notice shall include the following:
1. The date of decision,
2. A brief description of the action taken,
3. The place where, and time when, the decision may be reviewed, and
4. An explanation of appeal rights and requirements.

K. Final Decision and Effect Date.  A quasi-judicial decision is final for purposes of appeal on the date the Notice of Decision is mailed to the applicant and parties of record.  The quasi-judicial decision is effective the day after the initial appeal period expires, regardless of whether an appeal is filed, or as specified in the ordinance containing the decision.  Notwithstanding Section 17.09.070(A), a quasi-judicial decision of the Planning Commission is final for purposes of appeal to LUBA if the 120-day period in ORS 227.178 will expire prior to the expiration of , or during, the appeal period for appeal to the City Council.


L. Appeal.
1. Planning Commission and Landmarks Review Board decisions on quasi-judicial actions may be appealed to the City Council, per the provisions of Appeal Procedures within this Chapter, within twelve (12) days of the date the decision became final.
2. A City Council decision on appeal may be further appealed to LUBA in accordance with the appeal procedures in ORS Chapter 197, within twenty-one (21) days of the date the decision became final.

17.09.050 Legislative Actions

A. The Planning Commission, and where appropriate, the Historic Landmarks Review Board, review all requests processed as legislative actions and make a recommendation to Council to approve, approve with conditions, or deny the request.  The Council makes the final decision per the provisions of this section.  Legislative actions may be appealed to LUBA, subject to ORS 197.830.

B. Decision Types.  Legislative actions are land use decisions that are broad in scope.  Legislative actions include, but are not limited to, the following:
1. Legislative Zone Changes
2. Legislative Ordinance Amendments
3. Legislative Comprehensive Plan Map Amendments
4. Legislative Amendments to the Comprehensive Plan
5. Urban Growth Boundary Amendments

C. Public Hearings.
1. The Planning Commission and/or Landmarks Review Board shall hold at least one (1) legislative public hearing to review legislative actions and make a recommendation to the Council to approve, approve with conditions, or deny.
2. The City Council shall hold a legislative hearing on legislative actions within thirty (30) days of the date it receives the Planning Commission’s recommendation. 

D. Notice of Hearing. 
1. At least twenty (20) days before the first legislative hearing before the Council, notice of the hearing shall be published in a newspaper of general circulation. 
2. The notice shall:
a. Explain the application and the proposed amendment(s), change(s), or use(s) which could be authorized;
b. List the applicable Ordinance standards and/or criteria, Comprehensive Plan Policies, Oregon Planning Goals and Guidelines, Oregon Administrative Rules, and Oregon Revised Statues that apply to the particular application;
c. Set forth the geographical reference to the subject area;
d. State that in order to preserve any potential appeal rights to LUBA, persons must participate either orally or in writing in the legislative action proceeding in question; and
e. Include the name and telephone number of the planning staff to contact for additional information.
f. Include the hearing dates for the Planning Commission, Landmarks Review Board, and City Council hearings.

E. Additional Notice. 
1. Written notice shall be provided to property owners when required by ORS 227.186.
2. Written notice shall be provided to the Department of Land Conservation and Development as required by ORS 197.610.  For subject sites located adjacent to a state roadway or where proposals may have an impact on a state facility, notice of the application shall be sent to ODOT.
3. When a hearing body holds more than one (1) hearing or continues the hearing, additional notice will be made as follows:
a. To a specific time and place.  If notice of a subsequent hearing is made at a public hearing on the same legislative matter and the specific time and place of the subsequent hearing is stated, then no additional notice is required.
b. Undetermined time and place.  If a subsequent hearing has not been scheduled at the time of a previous hearing, as provided in subsection (a) above, then notice of the subsequent hearing must be mailed to all persons who responded to the matter in writing, testified at the previous hearing, or have requested notice.  The notice should, but need not, be mailed at least twenty (20) days before the hearing.

F. Decision on Legislative Actions.  The Council’s decision shall be by ordinance.  The decision shall be based upon and accompanied by a brief statement that includes
1. An explanation of the criteria, standards, policies, and laws considered relevant to the decision;
2. A statement of basic facts relied upon in rendering the decision; and
3. Ultimate facts that explain and justify the reason for the decision based on the criteria, standards, policies, laws, and basic facts set forth.
 
G. Final Decision and Effective Date.  The Council’s decision on legislative actions is the final decision.  The date a decision on legislative actions becomes final is the day thirty (30) days after the date the ordinance is adopted by the Council, unless the decision is adopted as an emergency ordinance, in which case the decision is final on the date specified in the ordinance.  If the action is not approved, the date the decision becomes final is upon mailing of the notice of decision to the parties of record.

H. Notice of Decision.  Decision notice shall be mailed to all participating parties and DLCD within five (5) working days of the date the ordinance is adopted by the Council and signed by the Mayor or, in the case no ordinance is adopted, within five (5) working days of the date of the Council’s action.  The decision notice shall include the following:
1. The date of decision
2. A brief description of the action taken
3. The place where, and time when, the decision may be read
4. An explanation of appeal rights and requirements
5. Date the decision is final

I. Appeal.  The Council’s decisions on legislative actions may be appealed to LUBA, in accordance with the appeal procedures of ORS Chapter 197, within twenty-one (21) days of the date the decision became final.

17.09.060 Quasi-Judicial and Legislative Public Hearings.  The Planning Director may adopt supplemental rules of procedure for quasi-judicial and legislative public hearings.

A. Quasi-Judicial Hearing Procedure.  All quasi-judicial hearings shall be held in accordance with Oregon public meeting laws as described in ORS 192.610-192.710.   The following rules shall apply to all quasi-judicial hearings:
1. Any questions concerning the conduct of a hearing shall be addressed to the Chair with a request for a ruling.  Rulings from the Chair shall be made in light of the stated purpose of these procedures and supplemental rules.  Any ruling made by the Chair may be modified or reversed by a majority of those members of the hearing body present and eligible to vote on the application before the hearing body.
2. The rules of procedure for the conduct of hearings under this section are as follows:
a. At the commencement of the hearing, the Chair, or the Chair's designee, shall ascertain whether a quorum is present.  A quorum is necessary to conduct the hearing and to deliberate.  The Chair shall explain the nature of the application and list the substantive criteria of Title 16 or Title 17 of the Hood River Municipal Code, the Comprehensive Plan, and/or state statute that apply to the decision before the hearing body.
b. The Chair shall then request abstentions by members of the hearing body.  Prior to abstaining, the member shall explain the basis for his/her abstention.  No member of the hearing body shall participate in discussion of the application or vote on the application when
(1) Any of the following has a direct or substantial financial interest in the proposal:
(a) The member of the hearing body or his/her spouse, brother, sister, child, parent, or like relative of his/her spouse has a direct or substantial financial interest in the proposal, or
(b) A business in which the member of the hearing body or any spouse or relative is then serving, or has served within the previous two (2) years has a direct or substantial financial interest in the proposal; or
(c) Any business, that has a direct or substantial financial interest in the proposal, that the member, spouse, or relative is negotiating for or has an arrangement or understanding concerning prospective partnership or employment;
(2) He/she owns property within the area entitled to receive notice of the public hearing; or
(3) He/she has a direct personal interest in the proposal.
c. The Chair shall then request that all hearing body members disclose any significant pre-hearing or ex parte contact regarding the application. No member shall participate in any proceeding in which the member has an actual conflict of interest or in which the member, or those persons or businesses described in ORS 244.135, has a direct or substantial financial interest. If the member refuses to disqualify him or /herself for conflict of interest, ex parte contact, or bias, the hearing body shall have the power to disqualify the member by majority vote of those present for that proceeding.
d. The Chair shall then provide an opportunity for questioning of the hearing body members by interested persons as to a hearing body member's qualifications to hear the application or appeal.  Based upon the disclosures of the hearing body members or any challenges by interested persons, the Chair shall then entertain motions by any member of the hearing body to disqualify any of its members.  A member may be disqualified if a majority of the hearing body determines that a member is biased in favor of or against the applicant or proposal.
e. The Chair shall then request presentation of the City Planning Department's report.The Chair shall then state the rules of conduct for the hearing as follows:
(1) No person shall testify without first being recognized by the Chair and stating his/her full name and residence address.
(2) No person shall be disorderly, abusive, or disruptive of the orderly conduct of the hearing.
(3) There shall be no audience demonstrations such as applause, cheering, display, signs, or conduct disruptive of the hearing.  Such conduct may be cause for immediate termination of the hearing by the hearing body.
(4) No person shall present irrelevant, immaterial, or unduly repetitious testimony or evidence.
(5) Testimony and evidence must be directed toward the applicable substantive criteria.  Failure to raise an issue with sufficient specificity to afford the hearing body and the parties an opportunity to respond to the issue precludes appeal to the board based on that issue.
(6) The Chair; members of the hearing body; and with the approval of the Chair, the City Attorney; and any other officer or employee of the City may question and cross-examine any person who testifies.
(7) No other officer or employee of the City who has a financial or other private interest or has previously participated in a hearing on the application shall participate in discussion with or give an official opinion to the hearing body on the proposal without first declaring for the record the nature and extent of such interest.
(8) The hearing body may set such time limitations for hearings provided that proponents and opponents are provided equal time for presentation of evidence and argument.
g. The Chair shall then request
(1) The proponent's case;
(2) Other testimony or evidence in support of the application;
(3) The opponent's case;
(4) Other testimony or evidence against the application;
(5) Testimony or evidence concerning the application, which by its nature is neither in favor nor against; and
(6) Rebuttal, which should shall be limited to comments on evidence in the record.
h. The Chair shall then close the hearing and the hearing body shall commence deliberations.  The hearing body's deliberations may include questions directed to City staff, comments from City staff, or inquiries directed to any person present.  If new evidence, conditions, or modifications not presented in the staff report are raised after the close of the hearing, an opportunity shall be provided for any person to comment on or rebut that evidence or information.
i. When the hearing body reopens a record to submit new evidence or testimony, any person may raise new issues, which relate to the new evidence, testimony, or criteria for decision making that apply to the matter at issue.
j. Prior to the conclusion of the public hearing, any participant may request an opportunity to present additional evidence or testimony regarding the application.  The Commission shall grant the request  (a “continuance”) by continuing the public hearing or leaving the record open for additional evidence or testimony in accordance with the provisions of ORS 197.763.
k. The hearing body shall, within thirty days (30) after closing the hearing, adopt a written decision, which specifically sets forth the basis for that decision. The hearing body’s final decision shall be based on adequate findings of fact presented during the hearing.  If a finding is challenged by a Commissioner or Councilor, a vote may be taken on the finding singly, apart from the motion.  A proposed order may be submitted by the Planning Director, or the Planning Commission or City Council may request the applicant or appellant to submit a proposed order.

B. Legislative Hearing Procedure.  The Historic Landmarks Boards, Planning Commission, and Council each have the authority to hold legislative hearings.  All legislative hearings will be held in accordance with Oregon public meeting laws as described in ORS 192.610-192.710, “Public Meetings”.
1. At the start of each public hearing on legislative actions, the presiding officer shall ask if any member of the hearings body wishes to make any disclosure, or abstain from participating or voting on the matter being heard because of possible financial gain resulting from the legislative action. 
2. A member with an actual conflict of interest shall not participate as a member in the hearing, but may vote if the member’s vote is necessary to meet the minimum number of votes required to take official action.

17.09.070 Appeal Procedures.  The following procedures apply to appeals of final decisions on ministerial and administrative planning actions made by the Director and final decisions on quasi-judicial planning actions made by either the Historic Landmarks Board or the Commission.  The Planning Director may adopt supplemental rules of procedure addressing matters not included in this section.

A. Right to Appeal Decisions.  The following persons may appeal a final decision described above:
1. Ministerial Decisions.
a. The applicant.
2. Administrative Decisions.
a. The applicant.
b. Any person who was mailed a notice of decision.
c. A person entitled to notice and to whom no notice was mailed.  A person to whom notice is mailed is deemed notified even if the notice is not received.
d. Any party of record to the particular action.
e. The City Council upon a majority vote.
f. The Planning Commission upon a majority vote; the Planning Commission may only appeal administrative decisions or Historic Landmarks Review Board decisions.  An appeal by the Planning Commission on an administrative decision shall go before the Planning Commission.
g. The Historic Landmarks Review Board upon a majority vote; the Historic Landmarks Board may only appeal administrative decisions made pursuant to the Historic Preservation Section.  An appeal by the Landmarks Review Board on an administrative decision is heard by the Landmarks Review Board.
3. Quasi-Judicial Decisions.
a. The applicant.
b. Any person who was mailed a notice of decision.
c. A person entitled to notice and to whom no notice was mailed.  A person to whom notice is mailed is deemed notified even if the notice is not received.
d. Any party of record to the particular action.
e. The City Council upon a majority vote.
 
B. Filing Appeals.  To file an appeal an appellant must
1. File a completed Notice of Appeal application on a form prescribed by the Planning Department.
2. Include the standard appeal fee as part of the Notice of Appeal application.
3. File the Notice of Appeal application and appeal at the Planning Department office no later than 5:00 PM on the twelfth (12th) day following the date the decision became final. 

C. Notice of Appeal Application.  Every Notice of Appeal application shall include
1. The appellant’s name and address, and a statement describing how the appellant qualifies as a party;
2. The date and a brief description of the decision being appealed;
3. The specific grounds why the decision should be reversed or modified based on the applicable criteria or procedural error;
4. For appeals to City Council if the appellant is not the applicant, a statement demonstrating that the appeal issues were raised  below; and
5. The appeal fee.

D. Jurisdictional Defects.
1. Any Notice of Appeal application that is received after the deadline, or is not accompanied by the required appeal fee shall not be accepted for filing.
2. The failure to comply with any other provision of Subsections (B) or (C) above shall constitute a jurisdictional defect.  A jurisdictional defect means the appeal is invalid and no appeal hearing will be held.  Determination of a jurisdictional defect shall be made by the Planning Director, with the advice of the City Attorney, after the expiration of the twelve (12) day appeal period described in Subsection (B)(3) above.  The Planning Director’s determination may be subject to appeal to the State Land Use Board of Appeals (LUBA).

E. Consolidation of Appeals.  If more than one (1) party files a Notice of Appeal application on a planning action decision, the appeals shall be consolidated, noticed, and heard as one (1) proceeding.

F. Notification of Appeal Hearing.  The Notice of Appeal application, together with notice of the date, time, and place of the appeal hearing shall be mailed to all parties of record at least fourteen (14) days prior to the hearing.

G. Appeal Hearing Procedures.  All quasi-judicial hearings shall be held in accordance with Oregon public meeting laws as described in ORS 192.610-192.710.
1. Administrative and Ministerial action appeals are heard de novo before the Planning Commission or Landmarks Review Board, as appropriate, pursuant to the procedures in Public Hearings  section of this Chapter with the following exception:
a. The order of testimony shall be as follows: 
(1) The appellant’s case
(2) Other testimony or evidence in support of the appeal
(3) The applicant’s case
(4) Other testimony or evidence in support of the applicant’s case
(5) Rebuttal by the appellant, which shall be limited to comments on evidence in the record
2. Quasi-Judicial action appeals are heard on the record before City Council.  Appeals to the City Council are conducted per the procedures in the Public Hearings section of this Chapter with the following exceptions:
a. Scope of Appeal.  The appeal of a quasi-judicial decision is limited to the specific grounds in the Notice of Appeal application provided those grounds were raised below.  The appeal record is limited to the record created below during the proceedings prior to appeal to the City Council. 
b. The order of testimony shall be as follows: 
(1) The appellant’s case
(2) The applicant’s case
(3) Rebuttal by the appellant, which shall be limited to comments on evidence in the record
4. Unless excused by the hearing body, the appellant shall attend the appeal hearing.

H. Decision of Appeal.
1. The hearing body on appeal may affirm, reverse, or modify the planning action decision being appealed, including approving, approving with conditions, or denying a particular application.
2. The hearing body on appeal shall make findings and conclusions, and make a decision based on the hearing record, except in cases of appeals of ministerial and administrative actions, which are heard de novo.
3. Copies of the appeal decision shall be sent to all parties participating in the appeal.

17.09.080 Resubmittal.  If an application is denied by the City Planning Department and no appeal is filed, or if upon review or appeal the denial is affirmed, no new request for the same or substantially similar proposal shall be filed within six (6) months after the date of final decision denying the application.  An application may be denied without prejudice and with a waiver of the six (6) month restriction.  If a waiver is not granted upon denial and conditions have changed to an extent that further consideration of an application is warranted, the hearing body, on its own motion, may consider new evidence and waive the six (6) month restriction.

17.09.090 Filing Fees.  The filing fees for land use application(s), pre-application(s), and appeals shall be established by the Council by resolution.  The fees shall be paid to the City Recorder upon filing of an application.  Fees may be changed by Council resolution.

17.09.100 Criteria for Approval  The burden of proof shall be upon the applicant seeking approval.  For purposes of an appeal, the burden of proof is upon the appellant.  For any application to be approved, it shall be established that the proposal conforms to the City Comprehensive Plan; Zoning Ordinance; Land Division Ordinance; Oregon Revised Statutes, as applicable; and other requirements as they relate to the specific proposal.   

17.09.110 Restrictions.  The decision maker may include restrictions and conditions as part of any approval.  The purpose of the restrictions and conditions may be to:
1. Protect the public from the potentially negative effects of the proposal;
2. Fulfill the need for public services created or increased by the proposal; and/or
3. Further the purposes of the Comprehensive Plan and Zoning Ordinance.

17.09.120 Pre-Application Conferences 

A. When a pre-application conference is required, the applicant shall schedule a meeting with the Planning Department.  When the proposed action is located adjacent to a state roadway or the proposed action may have an impact on a state roadway, ODOT shall be invited to participate in the preapplication conference and review of the application.  At the conference, the City may address the following:
1. The comprehensive plan policies, and map designations applicable to the proposal;
2. The ordinance provisions, including substantive and procedural requirements applicable to the proposal;
3. Availability of technical data and assistance which will aid the applicant; and
4. Other governmental policies and regulations that relate to the application.
B. Disclaimer.  Failure of the City to provide any of the information required by this section does not constitute a waiver of any of the standards, criteria, or requirements for the application.
C. Pre-application comments expire one year from the date of the pre-application meeting.   

17.09.130 Neighborhood Meeting Requirement 

A. Applicants are encouraged to meet with adjacent property owners and neighborhood representatives prior to submitting their application in order to solicit input and exchange information about the proposed development.  If required by subsection (B), an applicant will be required to contact all adjacent property owners within 250 feet of the development proposal to arrange a neighborhood meeting before the application is deemed complete.  If a neighborhood meeting is mandatory, written verification of the date, time, attendance, and outcome of the meeting is required for a complete application, as well as a copy of the written notice, official mailing list, and affidavit of mailing.

B. Notwithstanding subsection (A), a neighborhood meeting is required for the following types of applications:
1. Subdivisions
2. PUDs
3. Other development applications that are likely to have neighborhood or community-wide impacts (e.g., traffic, parking, noise, or similar impacts), as determined by the Planning Director.

17.09.140 Amended Decision Process and Correction of Clerical Errors.  The Director may correct typographical errors, rectify inadvertent omissions, and/or make other minor changes to decisions made under this Title, so long as the changes do not materially alter the decision.  The decision may be changed through one of the following amended decision processes.   All other requested changes to decisions that do not qualify as minor changes under this section shall follow the appropriate appeal or amendment process.

A. The Planning Director may make the minor changes and issue an amended decision after the notice of final decision has been issued but before the appeal period has expired. If a decision is amended, the decision shall be issued within twelve (12) business days after the original decision would have become final, but in no event beyond the 120-day period required by state law. A new twelve (12) day appeal period shall begin on the day the amended decision is issued.   Notice of an amended decision is given using the same mailing and distribution list as for the original decision notice.

B. The City Council may, subject to any applicable public notice and hearing requirements, adopt a resolution correcting minor changes and typographical errors in annexation, plan amendment, or zone change ordinances and any appendices or maps appended thereto.

 

CHAPTER 17.10 SEVERABILITY - PENALTIES

SECTIONS:
17.10.010 Severability
17.10.020 Penalty and Abatement

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17.10.010 Severability.  The invalidity of a section or subsection of this title shall not affect the validity of the remaining sections or subsections.

17.10.020 Penalty and Abatement.  Violations of this title are declared civil violations and such violations may, in addition to or in lieu of other remedies or enforcement measures provided by State law or this title, be enforced under the provision of Title 1, Chapter 1.12 of the Hood River Municipal Code.

A. In case a building or other structure is being used or is proposed to be located, constructed, maintained, repaired, altered, or used, or land is or is proposed to be used in violation of this title, the building or land thus in violation shall constitute a nuisance and the City may, in addition to other remedies that are legally available for enforcing this title, institute injunction, mandamus, abatement or other appropriate proceedings to prevent, enjoin, temporarily or permanently, abate, or remove the unlawful location, construction, maintenance, repair, alteration, or use.

B. When a violation is of a continuing nature, a separate violation shall be deemed to occur on the annual anniversary date of the original violation.

 

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