A.
Purpose.
The purpose of this Chapter is to establish procedures for approval
of development required by this Code, appeals from aggrieved persons
and parties, and review of any decision by a higher authority.
B.
Review
process. An application for development approval required by this
Code shall be processed by quasi-judicial public hearing or administrative
action, pursuant to applicable provisions of this Code. Quasi-judicial
hearings shall be held on all applications, except that hearings shall
not be held in those matters the Director has authority to act upon,
unless appealed or referred pursuant to the provisions of this Chapter.
Notwithstanding anything required by this Code, when requested by
the applicant, an application for development approval which is an
"expedited land division" as defined by state law shall be processed
according to the procedures set forth in state law and shall not be
subject to this Chapter.
C.
Coordination
of development approval.
1.
The
Community Development Director shall be responsible for the coordination
of a development application and decision-making procedures, and shall
approve or recommend that the Approving Authority approve developments
when proper application is made and the proposed development is in
compliance with the provisions of this Code and the Roseburg Urban
Area Comprehensive Plan. Before approving or recommending approval
of any development, the Director shall be provided with information
by the applicant sufficient to establish full compliance with the
requirements of this Code and the Plan. Before approving any development,
the Director shall consider comments received from other public agencies
during the comment and public hearing period.
2.
After
an application has been submitted, no building or occupancy permit
for the proposed use shall be issued until final action has been taken.
D.
Who
may apply. Applications for development approval may be initiated
by one or more of the following:
1.
The
owner of the property which is the subject of the application; or
2.
The
purchaser of such property who submits a duly executed written contract
or copy thereof; or
3.
A
lessee in possession of such property who submits written consent
of the owner to make such application; or
4.
Resolution
of the City Council.
E.
Pre-application
conference. An applicant may request a pre-application conference
prior to submitting a request for development approval. The purpose(s)
of the conference may include: to acquaint the applicant with the
substantive and procedural requirements of this Code, provide for
an exchange of information regarding applicable elements of the Comprehensive
Plan and development requirements, arrange such technical and design
assistance as will aid the applicant, and to identify policies and
regulations that create opportunities or pose significant constraints
for the proposed development. The requirements of this Section may
be waived at the discretion of the Community Development Director.
F.
Application.
Application for development approval shall be made pursuant to applicable
provisions of this Code on forms provided by the Community Development
Director. An application shall be complete, contain the information
required by this Code, and address the appropriate criteria for review
and approval of the request. All documents or evidence relied upon
by the applicant shall be submitted to the Director and be made available
to the public. All applications shall be accompanied by the required
fee.
G.
General
provisions regarding notice.
1.
The
records of the Douglas County Assessor's Office shall be used for
notice required by this Code. Persons whose names and addresses are
not on file with the Assessor at the time of the filing of the application
need not be notified of the action. The failure of a person to receive
notice shall not impair or invalidate the action if the City can demonstrate
by affidavit that the prescribed notice was sent to the persons entitled
thereto as shown by the Assessor's records.
2.
Any
person who requests, in writing, and pays a fee established by the
Community Development Director, shall be entitled to receive copies
of notices for applications for development approvals, either on an
urban area wide or site-specific basis, as specified by such person.
3.
Public
agencies providing transportation facilities and services shall be
notified of the following:
H.
Establishment
of party status.
1.
In
order to have standing under this Section, a person shall be recognized
as a party by the Approving Authority. Party status, when recognized
by the Approving Authority, establishes the right of the person to
be heard, whether orally or in writing, and to pursue a review or
appeal under this Chapter.
2.
Party
status may be established by a written request for establishment of
party status made at least eight days before the date set for a quasi-judicial
public hearing or administrative decision of the Community Development
Director by a person filing with the Community Development Department
a written statement regarding the application being considered. Such
statement shall include:
3.
Seven
or more days before the date set for a public hearing, the Community
Development Director shall mail the applicant any statements that
have been filed to date.
I.
Limited
land use decisions by the Director. The Community Development Director
shall have the authority to review the following applications for
administrative action, as limited land use decisions, and shall follow
the procedure provided by this Code and by state law to accomplish
such review:
J.
Ministerial
decisions by the Director. The Community Development Director shall
have the authority to review the following applications as ministerial
decisions and shall follow the procedures provided by this Code and
by state law to accomplish such review:
1.
Approval of final plat map (Subsection 12.12.010(S) of this Code);
2.
Common Boundary Line Adjustments (Subsection 12.12.010(U) of this Code);
3.
Signs
Permit (Section 12.08.02 of this Code);
4.
Home
Occupations;
K.
Comprehensive
plan standards and limited land use decisions.
1.
The following comprehensive plan standards are applicable to partitions (Chapter 12.12) and are fully incorporated herein by this reference:
a.
Natural Resources Policies 6, 7, 8, 11, 12, 13, 14, 17, and 18;
b.
Economic Growth Policy 7;
c.
Transportation Polices 1, 4, 5, 6, 7, 10, 11, 14, and 15;
d.
Energy Conservation Policies 2 and 3;
e.
Facilities and Services Policies 2, 3, 5, 7, 8, 9, 10, and 11;
f.
Housing Policies 1, 2, 3, 4, 5, 6, 7, 8, and 10;
g.
Urbanization, Land Use, and Growth Management (Urban Growth) Policies
3, 5, 6, 7, 8, 10, 11, 12, and 13;
h.
Residential Development (Urban Growth) Policy 1;
i.
Commercial Development (Urban Growth) Policies 6, 7, 8, 9, and 12;
j.
Industrial Development (Urban Growth) Policies 1, 2, and 4;
k.
Transportation Development (Urban Growth) Policies 1, 2, 3, and 4;
l.
Resource Area and Hazardous Area Development (Urban Growth) Policies
2, 3, and 4.
2.
The following Comprehensive Plan standards are applicable to Subdivision preliminary plat (Chapter 12.12) and are fully incorporated herein by this reference:
a.
Natural Resources Policies 6, 7, 8, 11, 12, 13, 14, 17, and 18;
b.
Economic Growth Policy 7;
c.
Transportation Polices 1, 4, 5, 6, 7, 10, 11, 14, and 15;
d.
Energy Conservation Policies 2 and 3;
e.
Facilities and Services Policies 2, 3, 5, 7, 8, 9, 10, and 11;
f.
Housing Policies 1, 2, 3, 4, 5, 6, 7, 8, and 10;
g.
Urbanization, Land Use, and Growth Management (Urban Growth) Policies
3, 5, 6, 7, 8, 10, 11, 12, and 13;
h.
Residential Development (Urban Growth) Policy 1;
i.
Commercial Development (Urban Growth) Policies 6, 7, 8, 9, and 12;
j.
Industrial Development (Urban Growth) Policies 1, 2, and 4;
k.
Transportation Development (Urban Growth) Policies 1, 2, 3, and 4;
l.
Resource Area and Hazardous Area Development (Urban Growth) Policies
2, 3, and 4.
L.
Other
administrative actions. The Community Development Director shall have
the authority to review the following applications for administrative
action, as well as all other reviews and other actions required by
other provisions of this Code constituting land use decisions and
not specifically listed elsewhere in this Chapter:
M.
Notice
of administrative action.
1.
Notice of applications for administrative actions pursuant to Subsections 12.10.010(I) and 12.10.010(L) shall be sent by the Community Development Director to all property owners within 100 feet of the property subject to the application at least 15 days prior to the decision.
2.
Notice
shall also be posted by the applicant in at least three conspicuous
places in the immediate vicinity of the property which is the subject
of the application at least 10 days prior to the date of the action.
An affidavit of posting shall be filed by the applicant or his/her
authorized representative on a form to be provided by the Director.
3.
The
notice shall:
a.
Include the location, file number, and title of the file containing
the request and the date such notice was sent.
b.
Include a description of the subject property, reasonably calculated
to give notice as to its actual location and for the purpose of this
Section, shall include, but not be limited to, metes and bounds descriptions
or the tax map designations of the Douglas County Assessor's Office.
c.
Include the deadline established for rendering a final decision.
d.
Include the deadline for filing comments on the request.
e.
Explain the nature of the application and the proposed use or uses
which could be authorized.
f.
List the applicable criteria from this Code and the plan that apply
to the application at issue.
g.
Set forth the street address or other easily understood geographical
reference to the subject property.
h.
State that failure of an issue to be raised or failure to provide
statements or evidence sufficient to afford the Approving Authority
an opportunity to respond to the issue precludes appeal based on that
issue.
i.
Include the name of a City representative to contact and the telephone
number where additional information may be obtained.
j.
State that a copy of the application, all documents and evidence
submitted by or on behalf of the applicant and applicable criteria
are available for inspection at no cost and will be provided at reasonable
cost.
N.
Administrative
action procedure.
1.
Within 45 days after accepting a completed application for administrative action pursuant to Subsection 12.10.010(I) or 12.10.010(L) of this Code, the Community Development Director shall act on the application or refer it to the Planning Commission, unless such time limitation is extended with the consent of the applicant.
2.
Within
such 45-day period, the Director shall:
a.
Give notice pursuant to Subsection 12.10.010(M) of this Code;
b.
Prepare a decision to approve or deny the request including findings
of fact and conclusions of law or refer the application to the Planning
Commission. Approvals may include conditions considered necessary
to assure conformance with the purpose and intent of this Code.
3.
If the application does not meet the criteria, or if written objections are received, or if the applicant or the Community Development Director so desire for any reason, the Director may schedule any application for public hearing before the Planning Commission, as if on appeal pursuant to Subsection 12.10.010(Q) and the Commission shall hear and decide the matter as if the matter were listed in Subsection 12.10.010(R).
4.
The
Community Development Director shall provide for a register of all
applications for administrative action which have been filed, all
such applications which have been acted upon initially and are awaiting
final decision, and all such applications which are the subject of
administrative review or appeal.
O.
Decision
of the Director.
1.
In making a decision on an administrative action under Subsection 12.10.010(I) or 12.10.010(L), the Community Development Director shall consider the following:
2.
In
all cases, the Director shall prepare findings and conclusions to
justify his/her decision.
3.
If
an application is denied by the Director, and no higher authority
reverses such denial upon appeal, no new application for the same
or substantially similar action shall be filed for at least 12 months
from the date of the prior application.
P.
Notice
of a decision by the Director.
1.
Notice
of a decision by the Community Development Director shall be filed
in the records of the Director, and mailed to the applicant and all
parties. Notice shall also be forwarded to the Planning Commission
and the City Council.
2.
Notice
of a decision shall contain:
a.
Identification of the application;
b.
Where the findings of fact and decision may be found;
c.
Other information pertinent to the application, if any;
d.
The date of the decision of the Director;
e.
Notice that any party may appeal the decision within 14 days from
the date of the decision by filing a timely statement with the Director.
3.
The
decision of the Director shall be final unless an appeal from a party
or a person or entity aggrieved by the decision is received by the
Director within the 14 days after the date of a decision on an administrative
action, or unless any two members of the Commission or City Council
request review within 14 days after the date of the proposed decision.
Q.
Appeal
from decision of the Director.
1.
Any
action taken by the Community Development Director in the interpretation,
administration, or enforcement of this Code shall be subject to review
by the Commission.
2.
Any
party or any person or entity aggrieved by the decision may appeal
a decision of the Director relative to an administrative action.
3.
The
Planning Commission may review the action of the Director upon written
notice from two members of the Commission filed within 14 days of
the Director's decision, or upon receipt of a notice of appeal as
prescribed herein. For the purposes of this Section, an appeal shall
be filed with the Director no later than 14 days following the date
of the decision or action of the Director.
5.
The
appeal shall be accompanied by the required fee. The maximum fee shall
be the cost to the City of preparing for and conducting the appeal,
or $500.00, whichever is less.
6.
At least 15 days prior to the date of the Commission hearing, the Director shall give notice as provided by Subsection 12.10.010(S) of the time and place of the hearing to all parties.
7.
Appeal of an action of the Community Development Director to the Planning Commission shall be de novo and shall be conducted in accordance with Subsection 12.10.010(T).
R.
Land use decisions of the Commission. The following applications for development approval shall be heard by the Planning Commission, pursuant to Subsection 12.10.010(T) of this Code:
2.
Comprehensive Plan Map Amendment recommendations to the City Council (Subsection 12.10.130(G) of this Code).
4.
Reviews and appeals of actions and interpretations by the Community Development Director (Subsection 12.10.010(Q) of this Code).
5.
Appeals of decisions of the Community Development Director (Subsection 12.10.010(Q) of this Code).
7.
Matters referred to the Commission by the Director pursuant to Subsection 12.10.010(N) of this Code.
S.
Notice
of commission hearings.
1.
At least 20 days prior to the date of a quasi-judicial public hearing under Subsection 12.10.010(R) of this Code, notice shall be sent by mail to: the applicant and all owners or contract purchasers of record of the property which is the subject of the application; all owners of property within 300 feet of the property; and any affected governmental agency which has entered into an agreement with the City to coordinate planning efforts and to receive notices of such hearings.
2.
Notice
shall also be posted by the applicant in three conspicuous places
in the immediate vicinity of the property which is the subject of
the application at least 15 days prior to the date of the hearing.
3.
Notice
shall also be given by publication in a newspaper of general circulation
in the area affected at least 20 days prior to the date of the hearing.
An affidavit of publication shall be made part of the record.
4.
If
an application would change the zone of property which includes all
or part of a mobile home park, written notice shall also be given
by first class mail to each existing mailing address for tenants of
the mobile home park at least 20 days but not more than 40 days before
the date of the first hearing on the application. The Director may
require the applicant for such a zone change to pay the cost of such
notice.
5.
The
notice shall:
a.
Include the location, file number, and title of the file containing
the request and the date such notice was sent.
b.
Include a description of the subject property, reasonably calculated
to give notice as to its actual location, and for the purpose of this
Section, shall include, but not be limited to, metes and bounds descriptions
or the tax map designations of the Douglas County Assessor's Office.
c.
Include the deadline for filing comments on the request.
d.
Explain the nature of the application and the proposed use or uses
which could be authorized.
e.
List the applicable criteria from this Code and the plan that apply
to the application at issue.
f.
Set forth the street address or other easily understood geographical
reference to the subject property.
g.
State the date, time, and location of the hearing.
h.
State that failure of an issue to be raised in a hearing, in person
or by letter, or failure to provide statements or evidence sufficient
to afford the Approving Authority an opportunity to respond to the
issue precludes appeal based on that issue.
i.
Include the name of a City representative to contact and the telephone
number where additional information may be obtained.
j.
State that a copy of the application, all documents and evidence
submitted by or on behalf of the applicant, and applicable criteria
are available for inspection at no cost and will be provided at reasonable
cost.
k.
State that a copy of the staff report will be available for inspection
at no cost at least seven days prior to the hearing and will be provided
at reasonable cost.
l.
Include a general explanation of the requirements for submission
of testimony and the procedure for conduct of hearings.
T.
Hearing
procedure.
1.
Any
staff report used at the hearing shall be available at least seven
days prior to the hearing. If additional documents or evidence are
provided by any party, the Approving Authority may allow a continuance
or leave the record open to allow the parties a reasonable opportunity
to respond. Any continuance or extension of the record requested by
the applicant shall result in a corresponding extension of the time
limitations of ORS 227.178.
2.
Any
and all issues which may be the basis for an appeal shall be raised
and accompanied by statements or evidence sufficient to afford the
Approving Authority and the parties an adequate opportunity to respond
to each issue.
3.
In
the conduct of a public hearing, the Approving Authority shall have
the authority, pursuant to the provisions of this Code, to:
a.
Dispose of procedural requirements or similar matters.
b.
Rule on offers of proof and relevancy of evidence and testimony.
c.
Impose reasonable limitations on the number of witnesses heard and
set reasonable time limits for oral presentation, cross-examination
of witnesses, and rebuttal of testimony.
d.
Take such other action appropriate for conduct commensurate with
the nature of the hearing.
e.
Grant, deny, or, in appropriate cases, attach conditions to the matter
being heard.
4.
The
applicant or any party wishing to subpoena witnesses to a hearing
may do so by application to the Community Development Director. Such
subpoenas shall be enforceable upon proper completion and inclusion
of those fees applicable to civil cases in the Douglas County Circuit
Court. Payment of fees and services shall be the responsibility of
the party desiring such service.
5.
Order
of Procedure. Unless otherwise specified, the Approving Authority,
in the conduct of a hearing, shall:
a.
At the commencement of the hearing, read a statement to those in
attendance that:
i.
Lists the applicable substantive criteria;
ii.
States that testimony and evidence must be directed toward the criteria described in Subparagraph (5)(a)(i) above of Subsection 12.10.010(T) or other criteria in the plan or this Code which the person believes to apply to the decision; and
iii.
States that failure to raise an issue accompanied by statements
or evidence sufficient to afford the Approving Authority and the parties
an opportunity to respond to the issue precludes appeal based on that
issue.
b.
Announce the nature and purpose of the hearing and summarize the
rules for conducting the hearing;
c.
Recognize parties;
d.
Request the Community Development Director to present the introductory
report of the Director and explain any graphic or pictorial displays
which are a part of the report. Request the Director to read findings
and recommendations, if any, and provide such other information as
may be requested by the Approving Authority;
e.
Allow the applicant to be heard first, on his/her own behalf, or
by representative;
f.
Allow parties or witnesses in favor of the applicant's proposal to
be heard;
g.
Allow other parties or witnesses to be heard next in the same manner
as in the case of the applicant.
6.
Questions
may be asked at any time by the Approving Authority. Questions by
the parties or Director may be allowed by the Approving Authority
upon request. Upon recognition by the Approving Authority, questions
may be submitted directly to the witnesses or parties. The witnesses
or parties shall be given a reasonable amount of time to respond solely
to the questions.
7.
Prior to the conclusion of the hearing, any party may request an opportunity to present additional evidence or testimony regarding the application. The Approving Authority shall grant such requests by continuing the hearing pursuant to the following Subparagraph (7)(a) of Subsection 12.10.010(T) or leaving the record open for additional written evidence or testimony pursuant to the following Subparagraph (7)(b) of Subsection 12.10.010(T).
a.
If the Approving Authority grants a continuance, the hearing shall
be continued to a date, time, and place certain at least seven days
later. An opportunity shall be provided at the continued hearing for
parties to present and rebut new evidence and testimony. If new written
evidence is submitted at the continued hearing, any party may request,
prior to the conclusion of the continued hearing, that the record
be left open for at least seven days to submit additional written
evidence or testimony for the purpose of responding to the new written
evidence.
b.
If the Approving Authority leaves the record open for additional
written evidence or testimony, the record shall be left open for at
least seven days. Any party may file a written request with the Approving
Authority for an opportunity to respond to new evidence submitted
during the period the record was left open. If such a request is filed,
the Approving Authority shall reopen the record pursuant to the following
Paragraph 12.10.010(T)(8) of this Section.
c.
A continuance or extension granted pursuant to this Subsection shall
be subject to the limitations of ORS 227.178, unless the continuance
or extension is requested or agreed to by the applicant.
d.
Unless waived by the applicant, the Approving Authority shall allow
the applicant at least seven days after the record is closed to all
other parties to submit final written arguments in support of the
application. The applicant's final submittal shall be considered part
of the record, but shall not include any new evidence.
8.
When
the Approving Authority reopens the record to admit new evidence or
testimony, any party may raise new issues which relate to the new
evidence, testimony, or criteria for decision-making which apply to
the matter at issue.
9.
For
purposes of this Section:
a.
"Argument" means assertions and analysis regarding the satisfaction
or violation of legal standards or policy believed by the proponent
relevant to the decision. "Argument" does not include facts.
b.
"Evidence" means facts, documents, data, or other information offered
to demonstrate compliance or noncompliance with the standards believed
by the proponent to be relevant to the decision.
10.
At the conclusion of the hearing, the Approving Authority shall either
make a decision and state findings which may incorporate findings
proposed by any party, or the Community Development Director, or may
take the matter under advisement. The Approving Authority may request
proposed findings and conclusions from any party to the hearing. The
Approving Authority, before finally adopting findings and conclusions,
may circulate the same in proposed form to the parties for written
comment. All actions taken by the Approving Authority pursuant to
adopting findings and conclusions shall be made a part of the record.
The decision and findings and conclusions which support the decision
of the Approving Authority shall not be final until reduced to writing
and signed by the Approving Authority. The Approving Authority shall
grant, deny, or, in appropriate cases, attach conditions to the proposal
being heard, and the Director shall notify by mail the parties of
the decision.
11.
General Conduct of Hearing. The following rules apply to the general
conduct of the hearing:
a.
No person shall be disorderly, abusive, or disruptive of the orderly
conduct of the hearing.
b.
No person shall testify without first receiving recognition from
the Approving Authority and stating his/her full name and address.
c.
No person shall present irrelevant, immaterial, or unduly repetitious
testimony or evidence. Formal rules of evidence as used in courts
of law shall not apply. Evidence received at any hearing shall be
of the quality that reasonable persons rely upon in the conduct of
their everyday affairs.
d.
Audience demonstrations such as applause, cheering, and display of
signs, or other conduct disruptive of the hearing, shall not be permitted.
Any such conduct may be cause for immediate suspension of the hearing.
U.
Quasi-judicial
hearings—Challenges to impartiality.
1.
Any
party to a matter to be heard under this Section and any member of
the Approving Authority may challenge the qualification of any other
member of that Approving Authority to participate in the hearing and
decision regarding the matter. The challenge shall state by affidavit
the facts relied upon by the challenger as the basis for the challenge.
2.
No
member of the Approving Authority may discuss or vote on a matter
when:
a.
Any of the following has a direct or substantial pecuniary interest
in the matter: the member of his or her spouse, brother, sister, child,
parent, father-in-law, or mother-in-law; any organization in which
the member is then serving as an officer or director or has so served
within the previous two years; or any business with which the member
is negotiating for or has an arrangement or understanding concerning
a prospective partnership, employment, or other business affiliation.
b.
The member owns all or a portion of the property that is the subject
of the matter before the Approving Authority or owns abutting or adjacent
property.
c.
The member has a direct personal interest in the matter or for any
other reason cannot participate in the hearing and decision impartially.
This includes matters where by past conduct or statements the member:
has a bias which in the exercise of sound judgment the member cannot
vote upon the matter impartially and without prejudice to the substantial
rights of the challenging party; owes a present or future fiduciary
duty to one of the parties; shares the member's residence with a party
which has a pecuniary interest in the matter; or has a personal bias
or prejudice against a party.
3.
Because
of the importance of preserving public confidence in decisions made
by the Approving Authority, a member of that authority or body may
elect to abstain from a particular hearing when in fact the member
is not disqualified but simply desires to avoid the mere appearance
of partiality. Abstention in such an instance shall be solely a matter
of the member's own judgment. A member who feels that abstention may
be necessary or desirable under this Section shall seek the advice
of the Approving Authority and then state the member's decision and
the reasons therefore.
4.
No
other officer or employee of the City who has a financial or other
private interest in a matter before the Approving Authority may participate
in discussion of the matter with, or give an official opinion on the
matter to the Approving Authority without first declaring for the
record the nature and extent of that interest.
5.
At
the commencement of the hearing on a matter, members of the Approving
Authority shall reveal all significant pre-hearing and ex parte contacts
they have had about the matter. If the contacts have not impaired
the member's impartiality, the member shall so state that fact and
participate or abstain in accordance with the above Paragraph 12.10.010(U)(4)
and with the member's own judgment.
6.
Notwithstanding
any other rule, an abstaining or disqualified member shall constitute
part of a quorum and may represent the member's interest at a hearing,
provided the member joins the audience, makes full disclosure of the
member's status and position when addressing the Approving Authority
and abstains from discussion and from voting on the matter as a member
of the Approving Authority.
7.
Whenever
the qualifications of a member of the Approving Authority are challenged,
the presiding officer of the Approving Authority shall give precedence
to the challenge by first giving the challenged member an opportunity
to respond and then, if necessary, putting the challenge to the Approving
Authority for decision.
8.
Disqualification
for reasons set forth in the above Paragraphs 12.10.010 (U)(1), (2),
(3), or (5) of this Section may be ordered by a majority of the Approving
Authority. The member who is the subject of the motion for disqualification
may not vote on the motion.
9.
If
all members of the Approving Authority abstain or are disqualified
and consequently cannot reach a decision while so abstaining or disqualified,
all members present, after stating their reasons for abstention or
disqualification, shall by so doing be re-qualified and proceed to
resolve the issues.
10.
A member absent during the presentation of any evidence in a hearing
may not participate in the deliberations or final decision regarding
the matter of the hearing unless he or she has reviewed the evidence
received.
V.
W.
Record
of proceeding.
1.
A verbatim record of the proceeding shall be made by stenographic or mechanical means. It shall not be necessary to transcribe testimony except as provided for in Subsection 12.10.010(X). In all cases, the tape, transcript of testimony, or other evidence of the proceedings shall be part of the record.
2.
All
exhibits received shall be marked so as to provide identification
upon review.
X.
Review
of decisions of commission. Fifteen days from the date of a written
decision of the Planning Commission, the decision shall become effective,
unless review is sought pursuant to this Section.
1.
Review
of the decision of the Commission.
a.
Shall be made by the City Council upon any party filing a Notice of Review with the Director within 14 days of the date of the written decision sought to be reviewed. Review by the City Council shall be conducted pursuant to Subsection 12.10.010(Y).
b.
May be made by the City Council on any two members of the City Council giving written notice to the City Manager within 14 days of the date of the written decision sought to be reviewed. Review by the City Council shall be conducted pursuant to Subsection 12.10.010(Y).
2.
Notice
of the time and place of the review, together with any Notice of Review
filed, shall be mailed to parties at least 10 days prior to the date
of review.
3.
A
record of the review shall be the same as that required at the hearing
before the Commission, pursuant to Subsection 12.010(W).
5.
Except
when filed by members of the City Council, a Notice of Review shall
be accompanied by a fee established by the City Council.
a.
If the reviewing body does not desire a transcript, the applicant
or any party may request a transcript. Any such transcript request
shall be paid for by the person requesting it in the manner provided
in this Section. The estimated cost of the transcript shall be specified
by the Community Development Director. Within five days of such estimate,
the person making the request for a transcript shall deposit the estimated
cost with the Director. Any deposit excess shall be returned to the
depositing person.
b.
Failure to comply with this Subsection shall be a jurisdictional
defect.
c.
If a transcript is desired by the City Council, the costs shall be
borne by the City Council.
Y.
Review
by City Council.
1.
Except
upon the election of the City Council to take additional evidence,
the review of a decision of the Planning Commission by the City Council
shall be confined to the record of the proceeding, which will include
the following:
a.
All materials, pleadings, memoranda, stipulations, and motions submitted
by any party to the proceeding and received or considered by the Commission
as evidence;
b.
All materials in the record submitted by the Director with respect
to the application;
c.
The transcript of the hearing, if required by the City Council or
otherwise provided, or the tape recording or other evidence of the
proceeding of the hearing and review by the Commission;
d.
The findings and conclusions of the Commission;
e.
Argument by the applicant or parties or their legal representatives
upon the record at the time of review by the City Council.
2.
Except
upon the election of the City Council communicated to the parties
with reasonable time to prepare, review by the City Council upon appeal
by a party shall be limited to the grounds relied upon in the petition
request for review.
3.
The
City Council may affirm, reverse, modify, or remand the action of
the Planning Commission, and may approve or deny the request, or grant
approval subject to conditions necessary to carry out the purpose
and intent of this Code.
a.
For all cases, the City Council shall make findings and conclusions,
and make a decision based on the record before it as justification
for its final action.
b.
The City Council shall enter such findings, conclusions, and final
orders upon the close of its hearings or upon continuance of the matter
to a time certain.
c.
The City Council shall cause copies of a final order to be sent to
all parties participating in the review before it.
4.
The
City Council may remand the matter to the Planning Commission if it
is satisfied that testimony or other evidence essential to the City
Council's decision was not presented at the initial hearing.
5.
Only
those members of the City Council reviewing the entire record may
act on the matter reviewed. The agreement of a majority of those reviewing
is necessary to amend, reverse, or remand the action of the Planning
Commission. Upon failure of a majority of those reviewing to agree,
the decision of the Commission shall stand.
(Ord. 3561, § 8, 6-28-2021)
A.
Purpose. The purpose of Subsections 12.10.020(A)—(I) is to establish procedures for considering legislative proposals and actions, including but not limited to legislative amendments of the Roseburg Urban Area Comprehensive Plan text or map, legislative amendments to the text of this Code, and legislative zone changes.
B.
Determination of applicable process. The Community Development Director, in consultation with the City Attorney, shall be responsible for determining if a particular proposal is a legislative action under applicable law or an application for development approval. A legislative action shall be processed according to this Section. An application for development approval shall be processed by quasi-judicial public hearing or administrative action, pursuant to the Development Approval Procedures set forth in Section 12.10.010 of this Code. The determination of the Director as to whether a particular proposal is a legislative action shall be subject to review by the Planning Commission and the City Council.
C.
Who
may initiate. Proposals for legislative actions may only be initiated
by the Director, the Planning Commission, the City Council, or any
individual member of the City Council.
D.
Notice
and hearing by the Planning Commission. The Planning Commission shall
hold a public hearing on any proposed legislative action after publishing
notice of the hearing at least 10 days prior to the hearing in a newspaper
of general circulation published in the area affected by the proposed
legislative action. The notice shall contain the time, place, and
purpose of the hearing and a description of the land to be subject
to the proposed legislative action.
E.
Hearing
procedure.
1.
In
the conduct of public hearings pursuant to this Section, the Planning
Commission and the City Council shall have the authority to:
a.
Rule on procedural questions;
b.
Impose reasonable limitations on the time for public testimony, and
to restrict irrelevant or repetitive testimony and presentations;
c.
Prohibit persons from being disorderly, abusive, or disruptive of
the orderly conduct of the hearing
d.
Prohibit persons from testifying without first receiving recognition
and stating their full name and address;
e.
Prohibit persons from presenting irrelevant, immaterial, or unduly
repetitious testimony;
f.
Prohibit audience demonstrations such as applause, cheering, and
display of signs or other conduct disruptive of the hearing. Any such
conduct may be cause for immediate suspension or termination of the
hearing.
2.
Order
of procedure. Unless otherwise specified, the Commission or the City
Council, in the conduct of hearings, shall:
a.
At the commencement of the hearing, announce the nature and purpose
of the hearing and summarize the rules for conducting the hearing;
b.
Request the Community Development Director to present the introductory
report of the Director;
c.
Allow members of the public to speak about the proposal and to submit
relevant documents.
3.
At
the conclusion of the hearing, the Commission or City Council may,
at its sole discretion, continue the hearing or leave the record open
for a time during which any person may submit additional documents
or written evidence or testimony.
F.
Recommendation
by Commission.
1.
At
the conclusion of a hearing by the Planning Commission, and following
any continuances or period in which the record remains open, the Commission
may: make a decision recommending approval or disapproval of the proposal
and transmit such recommendation to the City Council; or may recommend
modification or approval with conditions; or may take the matter under
advisement. If the Commission's recommendation has not been received
by the City Council prior to the expiration of 60 days after the conclusion
of the Commission's initial hearing, the City Council may consider
the proposal without recommendation of the Commission thereon.
2.
The
recommendation of the Commission shall be supported by written Findings
and Conclusions. In addition to any other substantive criteria that
may be deemed to apply, all legislative action proposals shall be
analyzed for consistency with the policies of the Plan, Statewide
Planning Goals, and other provisions of this Code. All actions taken
by the Commission in adopting Findings and Conclusions shall be made
a part of the record.
G.
Consideration
by City Council.
1.
Upon
receiving the Planning Commission's recommendation, or upon the expiration
of the 60-day period abovementioned, the City Council shall hold a
public hearing after providing notice to all established parties.
The same rules of procedure which applied to the hearing by the Commission
shall apply to the hearing by the City Council. The City Council may
approve or disapprove the proposal or modify it or grant approval
subject to conditions. For all cases, the City Council shall make
written Findings and Conclusions, addressing the criteria mentioned
in Subparagraph 12.10.020(F)(2) above or incorporating the Findings
and Conclusions of the Commission regarding such criteria. The City
Council may remand the matter to the Planning Commission if it deems
it helpful to obtain further consideration or recommendations from
the Commission on the matter.
2.
Upon
adoption or amendment of any ordinance or regulation to which ORS
92.044 or 92.046 applies, the City Council shall comply with ORS 92.048,
including the requirement of filing with the recording officer of
the County.
3.
The
Director shall send notice of any legislative action proposal to the
State as required under ORS 197.610 and, upon adoption, as required
under ORS 197.615.
H.
Conflicts of interest. Subsection 12.10.010(U) of this Code shall be applicable to proceedings to consider legislative action proposals under this Section, except where the context otherwise indicates, and except that there shall be no prohibition against or requirement for disclosure of ex parte contacts.
I.
Zoning
text amendments. It may be necessary from time to time to amend the
text of this Code in order to conform to the Comprehensive Plan, or
to meet other changes in circumstances and conditions. An amendment
to the text of this Code is, as is original zoning, a legislative
act solely within the authority of the City Council and shall be processed
pursuant to this Section.
A.
Purpose. This Section provides the substantive requirements for quasi-judicial amendments of the Roseburg Urban Area Comprehensive plan. Procedural provisions for such plan amendments are set forth in this Chapter. A quasi-judicial amendment is a change in the Comprehensive Plan Map for a particular parcel or limited number of parcels of land. Legislative amendments of the Plan or Map shall be processed pursuant to Section 12.10.020 of this Code.
B.
Initiation of amendment. A quasi-judicial plan amendment may be initiated by an application as provided in Subsection 12.10.010(D) of this Code.
C.
Application
and hearing dates. Applications for a quasi-judicial plan amendment
may be submitted to the Community Development Director at any time.
Quasi-judicial plan amendment hearings shall be scheduled and conducted
only on the first regular meeting dates in the months of April and
October.
The Planning Commission may schedule a quasi-judicial plan amendment
hearing on any other date if it finds the provision of this Section
would result in an undue hardship on the applicant. Hearing dates
may be continued by the Planning Commission upon its own motion or
upon request of continuance by the applicant.
All quasi-judicial plan amendment applications shall be filed
with the Community Development Director at least 60 days prior to
a hearing date. Application shall be made on forms provided by the
Director, and shall be accompanied by the required fee.
D.
Application
form and content and amendment standards.
1.
The
Community Development Director shall prescribe forms for applications
for quasi-judicial plan amendments which, when completed, shall be
sufficient to describe the nature and effect of the proposed amendment.
2.
The
application shall address the following requirements, which shall
be the standard for amendment.
a.
That the amendment complies with the Statewide Planning Goals adopted
by the Land Conservation and Development Commission, pursuant to ORS
197.240, or as revised pursuant to ORS 197.245. If it appears that
it is not possible to apply an appropriate goal to specific properties
or situations, then the application shall set forth the proposed exception
to such goal as provided in Statewide Planning Goal 2, Part II. Compelling
reasons and facts shall be given why an exception should be adopted,
including:
i.
Why the proposed use should be provided for;
ii.
What alternative locations within the area could be used for the
proposed use;
iii.
What are the long-term environmental, economic, social and energy
consequences to the locality, the region or the State from not applying
the goal or permitting the proposed use; and
iv.
How the proposed use will be compatible with other adjacent uses.
b.
That the amendment complies with applicable policies of the Comprehensive
Plan.
c.
That there is a public need for a change of the kind in question.
d.
That such need will be best served by changing the Plan designation
of the particular piece of property in question as compared with other
available property.
3.
Applications
for quasi-judicial plan amendments may be combined with an application,
on the same property, for an administrative action. If a combined
application is made, the time periods in this Section shall apply,
even if such periods conflict with time periods set forth in other
Sections of this Code.
E.
Notice.
1.
Prior
to the hearing by the Planning Commission, notice thereof shall be
given as provided in ORS 197.610 - Notice to State Department of Land
Conservation and Development (DLCD) - Notice of Proposed Amendment.
Thereafter, notice of further proceeding shall be given as provided
in this Section.
2.
If
the application proposes an exception to a goal as described in Subparagraph
12.10.030(D)(2)(a) of this Code, such exception shall specifically
be noted in the notice.
F.
Notification
of County Planning Commission. Within 15 days of receipt of an application
for a quasi-judicial plan amendment for property lying partly or wholly
within the unincorporated area of Douglas County, the City shall forward
written notice of the proposed amendment to Douglas County. The County
shall conduct its proceedings to review and act on the application
in accordance with the process established by the Urban Growth Management
Agreement.
G.
Hearing
by Planning Commission. The Planning Commission shall conduct a public
hearing upon the proposed plan amendment, and, if the proposed amendment
is combined with an application for administrative action, the Commission
shall conduct any required hearing at the same time. The hearing shall
be conducted pursuant to the provisions of this Section.
The City Planning Commission shall hear and consider all evidence,
comments and recommendations presented by: the applicant or his/her
authorized agent; the public or any other body; the County Planning
Commission; and the Director.
After the close of the hearing, the Commission shall recommend
approval, conditioned approval or denial of the application, and shall
adopt findings of fact and conclusions of law supporting its recommendation.
H.
Public
hearing by City Council. Within 30 days of the decision of the Commission,
a public hearing shall be scheduled before the City Council.
The Council shall conduct a public hearing within 60 days of the decision of the Planning Commission upon all matters requiring Council approval. If a Notice of Review is filed with the Director, the Council shall conduct a hearing pursuant to this Section. If there is no request for review of the Commission's action, the Council may adopt the findings and conclusions, and initial decision, at a regular public business meeting. If the Council elects to review the Commission's initial decision, either on its own motion or otherwise pursuant to Subsection 12.10.010(Y) of this Code, notice of the hearing shall be given pursuant to this Section. The public hearing shall be confined to the record of the proceeding before the Commission, which shall include those matters contained in Subsection 12.10.030(D) of this Code, and, in addition, argument by the parties or their legal representatives at the time of review before the City Council.
I.
Decision
of City Council. After the close of the hearing, the City Council
shall adopt, amend, deny, or remand to the Planning Commission the
application heard by it, and shall adopt written findings and conclusions
and a decision supporting its action.
J.
Resolution
of conflict. Resolutions of conflict between the City and County on
Plan Amendments concerning lands in the unincorporated area within
the Urban Growth Boundary shall be resolved by utilization of the
steps prescribed in the Urban Growth Management Agreement.
K.
Limitation.
Except when the Planning Commission finds new substantial evidence
is now available which the applicant could not have presented with
due diligence, or finds a change of circumstance warrants it, no application
for a quasi-judicial plan amendment shall be considered while a previous
decision on such request is being appealed as provided by this Code
and state law or considered within the 12-month period immediately
following the filing of the application, whichever last occurs.
L.
Appeal.
Appeal of the final action of the City Council relative to an application
for a quasi-judicial plan amendment may be pursued in the manner prescribed
by statute.
A.
Purpose. This Section provides the criteria for amending the boundaries of any Zoning District delineated on the official zoning map. Zoning shall be consistent with the Comprehensive Plan and maintain the general purpose of this Code and specific purpose of the applicable zone classification. Application of Overlay Districts to any property requires a zone change application per Subsection 12.10.010(G) of this Code.
B.
Notice requirements for mobile home parks. If an application would change the zone of property which includes all or part of a mobile home park, written notice shall also be given by first class mail to each existing mailing address for tenants of the mobile home park at least 20 days but not more than 40 days before the date of the first hearing on the application. The Director may require the applicant for such a zone change to pay the cost of such notice. Procedure shall otherwise be followed subject to Subsection 12.10.010(T) of this Code.
C.
Criteria
for zone change. The Approving Authority may grant a zone change only
if the following circumstances are found to exist:
1.
The
rezoning will conform to the Roseburg Urban Area Comprehensive Plan,
including the land use map and written policies.
2.
The
site is suitable to the proposed zone with respect to the public health,
safety, and welfare of the surrounding area.
3.
The
rezone is consistent with the safety and performance measures of the
transportation system.
D.
Zone
change—Conditions of approval. Reasonable conditions may be
imposed, as are necessary to ensure the compatibility of a zone change
to surrounding uses and as are necessary to fulfill the general and
specific purposes of this Code. Such conditions may include, but are
not limited to, the following:
1.
Special
yards and spaces;
2.
Fences
and walls;
3.
Special
parking and/or loading provisions;
4.
Street
dedication and improvements or traffic control devices or facilities
or bonds or other monetary contributions in lieu of improvements;
5.
Control
of points of vehicular ingress and egress;
6.
Special
provisions for signs;
7.
Lighting,
landscaping, and maintenance of grounds;
8.
Control
of noise, vibration, odors, or other similar nuisances.
E.
Grant
of authority for zone change.
F.
Zoning of annexed areas. Areas annexed to the City shall retain their existing zoning classifications until they are rezoned by the City. The City Council may rezone such area(s) to City zoning classification(s) concurrent with the effective date of the annexation(s). At the option of the City Council such rezoning may be heard by the Planning Commission pursuant to Subsection 12.10.010(T) of this Code, or the choice of zoning classification(s) for such area(s) may be done as legislative act(s) within the authority of the City Council pursuant to Section 12.10.020 of this Code. In either event, the City Council may seek recommendations from the Commission regarding such zoning classifications. Such classifications shall conform to the criteria set forth in Subsection 12.10.040(A) of this Code, conditions may be imposed as provided in Subsection 12.10.040(D), and the official map shall be changed as provided in Subsection 12.10.040(E) of this Code.
A.
Purpose.
A variance may be granted whenever the strict application of a requirement
of this Code would impose unusual practical difficulty on the applicant.
Practical difficulty may result from the size, shape, or dimensions
of a site or the location of existing structures thereon, geographic,
topographic, or other physical conditions on the site or in the immediate
vicinity, or street location or traffic conditions in the immediate
vicinity. The authority to grant variances does not extend to use
regulations. In granting a variance, conditions may be imposed which
are necessary to protect surrounding uses and otherwise achieve the
purpose of this Code.
B.
Criteria
for decision. A variance to the requirements of this Section may be
granted with respect to lot area and dimensions, setbacks, yard area,
lot coverage, height of structures, vision clearance, fences, and
walls, and other dimensional requirements only if, on the basis of
the application, investigation and evidence submitted, all of the
following circumstances are found to exist:
1.
Exceptional
or extraordinary circumstances apply to the property which do not
apply generally to other properties in the same zone or vicinity which
result from lot size or shape, topography, or other circumstances
over which the property owner since the enactment of this Code has
had no control.
2.
The
variance is necessary for the preservation of a property right of
the applicant which is the same as that enjoyed by other property
owners in the same zoning district in the area.
3.
The
variance would not conflict with the purposes of this Code and would
not be materially detrimental to property in the vicinity in which
the property is located, or otherwise conflict or reasonably be expected
to conflict with the Comprehensive Plan.
4.
The
variance requested is the minimum variance which would alleviate the
difficulty.
5.
The
need for the variance is not the result of a practical difficulty
created by the actions of the current owner or previous owner.
C.
Invalidation
of variance. A variance will become invalid without special action
if the variance is not exercised within one year of the date of approval.
D.
Granting
of extensions. An applicant may request an extension of the validity
of a variance approval. Such request shall be considered an administrative
action, and shall be submitted to the Community Development Director
prior to the expiration of such approval, in writing, stating the
reason why an extension should be granted.
The Director may grant an extension of up to 12 months in the
validity of the variance approval if it is determined that a change
of conditions, for which the applicant was not responsible, would
prevent the applicant from exercising the variance within the original
time limitation.
A.
Building setback variance. An administrative variance from regulations covering any building setback requirements may be authorized by the Community Development Director, pursuant to the administrative action process of Subsection 12.10.010(F) of this Code, of up to a maximum of 50% of the requirement, provided the variance does not result in a setback of less than four feet.
B.
Fence height variance. An administrative variance from regulations covering limitations on fence height as established in Subsection 12.08.010(G) may be authorized by the Director, pursuant to the administrative action process of Subsection 12.10.010(F).
C.
Off-street parking variance. An administrative variance from regulations covering parking requirements (automobile or bicycle parking) may be authorized by the Director, pursuant to the administrative variance action process of Subsection 12.10.010(F), provided the requested amount of reduction in parking from that required by Section 12.06.020 is 25% or less. Where the reduction will exceed 25%, the request will be heard by the Planning Commission at a public meeting.
D.
Criteria
for administrative variance. An administrative variance, as authorized
by this Section, may be granted only if, on the basis of the application,
investigation and evidence submitted, all of the following circumstances
are found to exist:
1.
Exceptional
or extraordinary circumstances apply to the property which do not
apply generally to other properties in the same zone or vicinity which
result from lot size or shape, topography, or other circumstances
over which the property owner since the enactment of this Code has
had no control.
2.
The
variance is necessary for the preservation of a property right of
the applicant which is the same as that enjoyed by other property
owners in the same zoning district in the area.
3.
The
variance would not conflict with the purposes of this Code and would
not be materially detrimental to property in the vicinity in which
the property is located, or otherwise conflict or reasonably be expected
to conflict with the Comprehensive Plan.
4.
The
variance requested is the minimum variance which would alleviate the
difficulty.
5.
The
need for the variance is not the result of a practical difficulty
created by the actions of the current owner or previous owners.
E.
Criteria
for administrative parking variance. An administrative variance to
the off-street parking requirements, as authorized by this Section,
may be granted only if, on the basis of the application, investigation
and evidence submitted, all of the following circumstances are found
to exist:
1.
The
variance is necessary for the preservation of a property right of
the applicant which is the same as that enjoyed by other property
owners in the same zoning district in the area.
2.
The
variance would not conflict with the purposes of this Code and would
not be materially detrimental to property in the vicinity in which
the property is located, or otherwise conflict or reasonably be expected
to conflict with the Comprehensive Plan.
3.
The
variance requested is the minimum variance which would alleviate the
difficulty.
4.
Circumstances
outlined in Paragraphs 12.10.060(D)(1), (2), and (3) above are found
to be met with respect to the following:
a.
The nature of the use, the number of parking spaces required, and
the anticipated frequency of turn-over of parking;
b.
The number of spaces which are or could be provided onsite;
c.
The number of employees expected to be onsite at one time;
d.
Availability of parking available under the provisions of Sections 12.06.030(P) and 12.06.030(R) of this Code;
e.
General parking and congestion in the vicinity of the site;
f.
Other uses allowed on the site which would satisfy or be more in
compliance with the parking regulations;
g.
Anticipated impacts to neighboring properties resulting from not
providing parking in accordance with the parking regulations.
5.
Sufficient
parking appropriate to the circumstances can be provided by one or
more of the following alternative solutions:
a.
Offsite parking which is provided by recorded agreement and is convenient
to client use, and does not require pedestrian access across a street
classified as a collector or higher classification unless adequate
provision for pedestrian crossing is made;
b.
On-street parking readily available in the immediate vicinity, or
public off-street parking provided in a convenient location;
c.
Payment into a public parking fund at a rate per space established
by resolution of the City Council.
F.
Invalidation
of administrative variance. An administrative variance will become
invalid if:
G.
Granting
of extensions. An applicant may request an extension of the validity
of an administrative variance. Such request shall be considered an
administrative action, and shall be submitted to the Community Development
Director prior to the expiration of such approval, in writing, stating
the reason why an extension should be granted.
The Director may grant an extension of up to 12 months in the
validity of the variance approval if it is determined that a change
of conditions, for which the applicant was not responsible, would
prevent the applicant from exercising the variance within the original
time limitation.
A.
General.
No lot or parcel in any District established under the provisions
of this Code shall hereafter be occupied or used, and no building
or structure hereafter shall be used or occupied until an occupancy
permit is issued therefor by the Building Official, except as otherwise
exempted from the requirements of this Section.
B.
Exceptions. The provisions of this Section shall not apply to a dwelling where such dwelling is a permitted use in the applicable District and the use of the dwelling is for residential purposes, nor shall the provisions of this Section apply to agricultural and resource management activities where the applicable District permits such activities. Uses and activities which lawfully exist at the time this Code becomes effective shall be exempt from the provisions of this Section until such time as a change in use or occupancy occurs as specified in Subsection 12.10.010(A) of this Section.
C.
Application.
Application for an occupancy permit for a new use, a change in land
use, for a new building or structure, or for an existing building
or structure shall be made to the Building Official before any such
building, structure, or land is occupied or used.
D.
Issuance.
An occupancy permit shall be issued within five working days after:
1.
Written
notice is received by the Building Official that the premises are
ready for use or occupancy; and
2.
Inspection
by the Building Official indicates that the building or use is in
conformity with this Code and other applicable laws and regulations
of the jurisdiction and the State of Oregon.
E.
Records.
The Building Official shall maintain a current record of all occupancy
permits issued under the provisions of this Section.
A.
Description and purpose. Uses identified in this Code as requiring Conditional Use Permits may be permitted, enlarged or altered in accordance with the provisions of this Section. In addition, where a proposed use or similar use is not listed in Chapter 12.02 of this Code, or where ambiguity exists concerning the appropriate classification of a particular use or type of development within this Code, said use or type of development may be established by a Conditional Use Permit in accordance with this Section.
The purpose of Conditional Use Permits is to allow determination
of the appropriateness and compatibility of certain uses proposed
to be located in areas not specifically designated for such uses and
which may only be suitable for location in such areas with application
of special conditions as allowed by this Section.
B.
Application procedure. An application for a Conditional Use Permit shall be processed as an administrative action by the Community Development Director. The Conditional Use Permit application shall be prepared and submitted by the owner of the subject property or authorized agent on a form prescribed by the Community Development Department and shall be accompanied by the prescribed fee and evidence demonstrating compliance with the criteria stated in Subsection 12.10.080(F). An application for a Conditional Use Permit and for Site Plan Review may be combined in a single application. When so combined the requirements of Sections 12.10.070 and 12.10.080 shall apply, except appeals shall be governed by Subsection 12.10.080(C) below.
C.
Appeal procedure. The Director's decision regarding an application for a Conditional Use Permit may be appealed to the Planning Commission as provided in Subsection 12.10.010(Q) of this Code. The decision by the Commission shall be final and no party shall be entitled to review by the City Council under Subsections 12.10.010(X) and 12.10.010(Y) of this Code unless the City Council votes to allow review as provided in Subsection 12.10.080(D) of this Code.
D.
Review
by City Council.
1.
Any party seeking to obtain review of a decision of the Planning Commission under Subsection 12.10.080(C) shall file a request for review within 14 days of the filing of the written decision sought to be reviewed.
2.
Every
request for review shall contain:
a.
A reference to the decision sought to be reviewed;
b.
The date of the decision sought to be reviewed;
c.
A statement as to how the petitioner qualifies as a party;
d.
The specific grounds relied upon in the request for review, including
a concise statement of each reason asserted for reversal or modification
of the decision of the Planning Commission;
e.
A statement of specific reasons, apart from those asserted for review,
why the issues presented have importance beyond the particular case
and require decision by the City Council.
3.
A
request for review shall be allowed if a majority of the City Council
present at the time of consideration of the request for review vote
to allow it.
4.
If
the City Council accepts review, it may limit the questions on review.
If review is not so limited, the questions before the City Council
include all questions properly before the Commission that the request
for review claims was erroneously decided by the Commission.
5.
Except where otherwise specified in this Section, review by the City Council shall be conducted according to the procedures set forth in Subsection 12.10.010(Y).
E.
Plan
requirements. The applicant for a Conditional Use Permit shall submit
to the Community Development Director plans consisting of maps, drawings,
written descriptions, or other materials necessary and appropriate
for the Director to determine that the proposed development will conform
to the general requirements of this Section and the specific requirements
of this Code. The Director may require an applicant proposing to site
a residential facility within the City to supply the City with a copy
of the entire application and supporting documentation for state licensing
of the facility, except for information which is exempt from public
disclosure under ORS 192.345-192.355. However, the Community Development
Director shall not require independent proof of the same conditions
that have been required by the state Department of Human Resources
for licensing of a residential facility.
F.
Criteria. A Conditional Use Permit shall be granted only if the Approving Authority finds that the proposal conforms to all five of the following criteria, the conditions set forth in Section 12.06.010, Site Plan Review, and any additional criteria made applicable by other Sections of this Code:
1.
That
the proposed development is compatible with the existing or anticipated
uses in terms of scale, bulk, coverage, density, architectural, and
aesthetic design;
2.
That
the development is consistent with the purpose of the base zone and
enhances the operation characteristics of the particular neighborhood;
3.
That
the site for the proposed development is served by streets and highways
which are adequate in width, construction, and placement to safely
carry the quantity and kind of traffic generated by the proposed use;
4.
That
the proposed development will not have an adverse physical effect
on the development or use of abutting or contiguous property; and
5.
The
proposed development will conform to the policies of the Comprehensive
Plan and adopted plans and policies of the City Council.
G.
Conditions. In addition to the requirements of Site Plan Review detailed in Section 12.06.010, the Approving Authority may designate conditions in granting a Conditional Use Permit as it deems necessary to secure the purpose of this Section and may require guarantees and evidence that such conditions shall be met. Such conditions may include:
1.
Regulation
of uses;
2.
Special
yards and spaces;
3.
Fences
and walls;
4.
Street
right-of-way dedications and street improvements;
5.
Regulation
of points of vehicular ingress and egress;
6.
Regulation
of signs;
7.
Landscaping,
screening, and buffering where necessary to increase compatibility
with adjoining uses;
8.
Regulation
of noise, vibration, odors, or other similar nuisances;
9.
Regulation
of hours for certain activities;
10.
Time period within which the proposed shall be completed;
11.
Duration of use;
12.
Regulation of building textures, colors, architectural features and
height;
13.
Preservation of natural vegetative growth and open space;
14.
Transportation improvements to mitigate the impact of increased traffic
and to protect transportation facilities.
H.
Limitations
on conditional approval. The following limitations shall be applicable
to Conditional Use Permit approvals:
1.
Conditions
shall be fulfilled within the time limitations set forth in the approval.
2.
Such
conditions shall be reasonably conceived to fulfill public needs emanating
from the proposed land use as set forth in the application in the
following respects:
3.
Changes
or alterations of conditions shall be processed as a new administrative
action.
4.
The
conditional approval may require the owner of the property to sign
a contract with the City for enforcement of the conditions. Such contract
shall be executed within 30 days after conditional approval is granted,
provided, however, the Community Director may grant time extensions
for practical difficulty. The Director shall have the authority to
execute such contracts on behalf of the City. If a contract is required
by a conditional approval, no building permit shall be issued for
the use covered by the application until the executed contract is
recorded in the real property records of Douglas County. Such contract
shall not restrict the power of subsequent administrative action with
or without conditions. Such contracts shall be enforceable against
the signing parties, their heirs, successors and assigns.
5.
Failure
to fulfill any conditions of approval within the time limitations
provided may be grounds for revocation of approval.
6.
A
bond, in a form acceptable to the Director, or, upon appeal or review
by the Planning Commission, or a cash deposit from the property owners
or contract purchasers in such an amount as will assure compliance
with the conditions imposed pursuant to this Section may be required.
Such bond or deposit shall be posted at the same time the contract
containing the conditions of approval is filed with the Douglas County
Clerk.
I.
Invalidation
of conditional use permit. A Conditional Use Permit is site-specific
yet transferrable between owners. The Permit is automatically revoked
when:
(Ord. 3538, § 5, 3-23-2020)
A.
Purpose.
A Temporary Use Permit may be approved to allow uses and activities
which are temporary or seasonal in nature and do not conflict with
the zoning district in which they are located. No Temporary Use Permit
shall be issued which would have the effect of permanently rezoning
or granting a special privilege not shared by other properties in
the same zoning district.
B.
Permitted temporary uses. Temporary structures, activities, or uses may be permitted, pursuant to Subsection 12.10.010(F) of this Code, as necessary to provide for housing of personnel, storage and use of supplies and equipment, or to provide for temporary uses. Uses may include temporary signs, outdoor gatherings, short-term uses, roadside stands, or other uses not specified in this Code and not so recurrent as to require a specific or general regulation to control them. Exempt from an Administrative Approval process is the use of a lot for the temporary sales of seasonal items such as pumpkins and Christmas trees.
C.
Criteria
for decision. No temporary permits shall be issued except upon a finding
that the proposed structure, activity or use would not permit the
permanent establishment within a Zoning District of any use which
is not permitted within the Zoning District, or any use for which
a Conditional Use Permit is required.
D.
Temporary
use permits—Conditions of approval.
1.
Reasonable conditions may be imposed pursuant to Subsection 12.10.080(G) by the Approving Authority in connection with the Temporary Use Permit to minimize the potential impact of the proposed use to other uses in the vicinity. Guarantees and evidence may be required that such conditions will be or are being complied with. Such conditions may include, but are not limited to, the following:
a.
Special yards and spaces;
b.
Fences or walls;
c.
Control of points of vehicular ingress and egress;
d.
Special provisions on signs;
e.
Landscaping and maintenance thereof;
f.
Maintenance of the grounds;
g.
Control of noise, odors, or other nuisances;
h.
Limitation of time for certain activities;
i.
Any temporary permit shall clearly set forth the conditions under
which the permit is granted, and shall clearly indicate the time period
for which the permit is issued. No Temporary Use Permit shall be transferable
to any other owner or occupant, but may be renewable through the administrative
action process.
2.
All
structures for which a Temporary Use Permit is issued:
a.
Shall meet all other requirements of the Zoning District in which
they are located;
b.
Shall meet all applicable health and sanitation requirements;
c.
Shall meet all applicable building code requirements;
d.
Shall be removed upon expiration of the Temporary Use Permit unless
renewed by the Director or converted to a permitted use.
E.
Issuance
of permits.
1.
Temporary
permits shall be issued for the time period specified by the Approving
Authority, but may be renewed upon expiration by an administrative
action if all applicable conditions can again be met. In no case shall
a temporary permit be issued for a period exceeding one year, unless
the temporary permit is renewed.
2.
Renewal
of a temporary permit shall follow the same procedure as the initial
application.
A.
Purpose.
When a family hardship exists because a medical condition which relates
to and is caused by handicap or infirmity or relates to a person otherwise
incapable of maintaining a separate residence, the Approving Authority
may authorize the placement of a mobile home on a lot in addition
to a principal residence. Such authorizations shall be considered
similar to Conditional Use Permits and the Approving Authority shall
attach conditions to approval as it may deem necessary to assure minimization
of adverse impact on neighboring properties.
B.
Application.
Requests for a temporary mobile home permit must be submitted on a
completed Community Development Department application form which
shall include the names and addresses, and telephone numbers of the
property owner, the resident if different from the owner, the applicant
if different from the owner or resident, the proposed occupant of
the mobile home and their relationship to the resident, and the estimated
period of time that the hardship will necessitate the use of the mobile
home. Property information and a site plan will also be required.
The applicant is also required to file with the permit application
a written statement describing any infirmity, debility, or other reason
why the additional dwelling is necessary. Reasons for not utilizing
the existing residence for such accommodation must be included. The
applicant must arrange for a physician to submit a written statement
detailing the medical necessity for such an accommodation and stating
why the person with the handicap or infirmity is incapable of maintaining
a separate residence.
The Approving Authority may require the applicant to provide
other such evidence deemed necessary for just consideration of the
request.
C.
Expiration
and reapplication.
1.
The
temporary permit shall expire upon termination of the hardship or
two years from the date of issuance whichever comes first. Renewals
of the permit will require reapplication in writing to the Community
Development Department two months prior to the expiration date.
2.
For reapplications or where the Community Development Director has reason to believe the terms of the permit have been violated or there are other adverse impacts to the neighborhood, notice shall be sent to property owners as specified in Subsections 12.10.010(G), 12.10.010(M) and 12.10.010(S). If:
a.
Written objections are received;
b.
The Director or the applicant so desire, or
c.
Three years have elapsed since the last hearing, the matter shall be scheduled for public hearing as if the matter were listed in Subsection 12.10.010(L).
3.
The
permits are not transferable. If ownership of the property is transferred
or the occupant changes the permit is void. If the person who is the
subject of the hardship relocates, the permit is void and a new application
must be submitted for any new hardship or any new location.
4.
The
mobile home must be removed within 30 days of the expiration of the
permit.
D.
Standards
and conditions.
1.
The
person(s) residing in the additional dwelling shall be member(s) of
the immediate family of the resident(s) of the permanent residence.
2.
There
shall be no compensation involved in the hardship case.
3.
The
mobile home shall:
a.
Meet the requirements of and be approved by the Building Department;
b.
Be connected to the public sewer and water systems as directed by
the Public Works Director and shall pay fees for such connections
as required by this Code;
c.
Have a permanent electrical installation;
d.
Meet all setbacks and coverage requirements pertaining to the zone
and shall be a minimum of six feet from the main building and all
other buildings;
e.
Be manufactured after June 15, 1976, and exhibit the "Oregon Department
of Commerce Insignia of Compliance";
f.
Not be structurally connected to the principal residence;
g.
Have skirting as required by Subsection 12.10.110(D).
4.
The
mobile home and accessory building foundations, pads, and support
blocking shall be sufficient strength to support the required live-loads
and actual dead-loads imposed by the mobile home and any attached
or supported structure based on accepted engineering design standards.
Foundations, tie-downs or other supports shall be provided to withstand
the specified horizontal, up lift and overturning and wind forces
on the mobile home and any attached or supported structures based
on accepted engineering design standards.
E.
Permit
to be a deed restriction. The requirements of this Section and any
conditions imposed by the hearings body shall be recorded with the
County Clerk and made a deed restriction. This shall be required prior
to installation of the additional dwelling.
A.
Purpose.
It is the intent of this Section to provide manufactured home residents
with an alternative to renting space in a mobile home park; provide
the opportunity for smaller groupings of manufactured homes in areas
where land development constraints do not permit mobile home park
development of an adequate size to be financially feasible; establish
standards for permanent installation of manufactured homes in subdivisions;
and establish certain design features enabling manufactured homes
to blend with conventional housing.
B.
Where
permitted. Manufactured home subdivisions may be established in MR14,
MR18, MR29 or MR40 Zoning District.
C.
Development standards—General. The establishment and development of a mobile home subdivision shall follow the procedures established in Chapter 12.12 of this Code, and shall conform to all standards therein, except that where the special development standards established in Subsection 12.10.110 (D) of this Code impose additional special development requirements, such additional special requirements shall apply.
Mobile Home subdivisions may be established and developed as a Planned Unit Development (PUD) in accordance with the procedures and standards established in Chapter 12.12 of this Code, in addition to the special standards established in this Section.
D.
Development
standards—Special.
1.
Dwelling
Type Permitted. All manufactured homes in a manufactured home subdivision
shall be used as permanent residences and conform to the standards
established in this Section as well as the standards applicable to
single-family dwellings.
2.
Dwelling
Standards. All dwellings in a manufactured home subdivision shall
be:
a.
Equipped with skirting which in design, color and texture appears
to be an integral part of the adjacent exterior wall of the manufactured
home, unless the manufactured home is anchored to a permanent, continuous
concrete or block foundation. Such skirting or foundation, or both,
shall be such that there are no gaps or openings between the unit
and the ground, except for windows or vents.
b.
Covered by a roof pitched at a minimum slope of two inches in 12
inches, which is finished in nonreflective paint or permanently covered
with non-reflective material.
3.
Minimum
Width. Manufactured homes shall be a minimum of 20 feet in width for
a minimum of 20% of its length measurement.
4.
Manufactured
Home and Accessory Building Support and Tie-Down. Manufactured home
and accessory building foundations, pads, and support blocking, shall
be sufficient strength to support the required live-loads and actual
dead-loads imposed by the manufactured home and any attached or supported
structure based on accepted engineering design standards. Foundations,
tie-downs or other supports shall be provided to withstand the specified
horizontal, up-lift and overturning and wind forces on the manufactured
home and any attached or supported structures based on accepted engineering
design standards.
5.
Manufactured
homes in manufactured home subdivisions shall conform in all respects
to local, state and federal requirements in effect at the time of
their installation.
E.
Conformance
to zoning district. In addition to the provisions of this Section,
the provisions of the zoning district within which the manufactured
home subdivision is located, with respect to use, area, coverage,
setbacks, height and parking, shall apply.
A.
Administrative
review. In addition to the general provisions of this Code, special
provisions for the establishment of a new mobile home park or the
expansion of an existing mobile home park are required. No mobile
home park shall be established or expanded without first receiving
approval of the Approving Authority. The Approving Authority may grant
such approval only after reviewing preliminary site plans for the
proposed mobile home park.
B.
Preliminary
site plan submission requirements. The application for a preliminary
site plan review for a mobile home park shall be filed with the Community
Development Department in the form prescribed by the Director, and
shall be accompanied by a site plan showing the general layout of
the entire mobile home park and drawn to a scale not smaller than
one inch representing 50 feet. The drawing shall show the following
information:
1.
Name
of the property owner, applicant, and person who prepared the plan.
2.
Name
of the mobile home park and address.
3.
Scale
and North point of the plan.
4.
Vicinity
map showing relationship of mobile home park to adjacent properties.
5.
Boundaries
and dimensions of the mobile home park.
6.
Location
and dimensions of each mobile home site; each site designated by number,
letter, or name.
7.
Location
and dimensions of each existing or proposed structure.
8.
Location
and width of park streets.
9.
Location
and width of walkways.
10.
Location of each lighting fixture for lighting the mobile home park.
11.
Location of recreational areas and buildings, and area of recreational
space.
12.
Location and type of landscaping plantings, fence, wall, or combination
of any of these or other screening materials.
13.
Location of point where mobile home park water system connects with
public system.
14.
Location of available fire and irrigation hydrants.
15.
Location of public telephone service for the park.
16.
Enlarged plot plan of a typical mobile home site, showing location
of the pad, patio, storage space, parking, sidewalk, utility connections,
and landscaping.
17.
Location of recycling containers required by Subsection 12.06.030(G)(1).
C.
Final
site plan submission requirements. At the time of application for
final approval to construct a new mobile home park or expansion of
an existing mobile home park, the applicant shall submit copies of
the following required detailed plans to the appropriate reviewing
departments and agencies as required by law or ordinance:
D.
General
standards for mobile home park development.
1.
Access.
A mobile home park shall not be established on any site that does
not have frontage on or direct access to a publicly-owned and maintained
street that has a minimum right-of-way width of 60 feet. No park entrance
shall be located closer than 100 feet away from any intersection of
public streets.
2.
Park
Street. A park street shall connect each mobile home site to a public
street or road. The park street shall be a minimum of 30 feet in width,
with a surface width of at least 20 feet if no parking is allowed,
and 30 feet if parking is allowed on one side only.
3.
Walkways.
Walkways of not less than three feet in width shall be provided from
each mobile home site to any service building or recreation area.
4.
Paving.
Park streets and walkways shall be paved with a crushed rock base
and asphaltic or concrete surfacing, according to the structural specifications
established for streets.
5.
Off-Street
Parking.
a.
Two parking spaces shall be provided for each mobile home site, either
on the site or within 200 feet thereof in the mobile home park, which
shall be not less than nine by 18 feet in size and paved with asphaltic
macadam or concrete surfacing.
b.
Guest parking shall also be provided in every mobile home park, based
on a ratio of one parking space for each four mobile home sites. Such
parking shall be paved with asphaltic macadam or concrete surfacing,
and shall be clearly defined and identified.
6.
Fencing
and Landscaping.
a.
Every mobile home park shall provide a sight obscuring fence, wall,
evergreen or other suitable screen/planting along all boundaries of
the mobile home park site abutting public roads or property lines
that are common to other owners of property, except for points of
ingress and egress.
b.
Walls or fences shall be six feet in height. Evergreen plantings
used in perimeter screening shall not be less than five feet in height,
and shall be maintained in a healthy, living condition for the life
of the mobile home park. No fence, hedge or wall, other than a retaining
wall, higher than three feet shall be located within the required
clear vision area on a corner lot.
c.
There shall be suitable landscaping provided within the front and
side yard setback areas, and all open areas in the mobile home park
not otherwise used.
7.
Area.
a.
Size of mobile home park site. No mobile home park shall be created
on a lot or parcel of land containing less than two and one-half (2½)
acres.
b.
Mobile home sites. The average area of all mobile home sites within
a mobile home park shall not be less than 3,000 square feet per site,
and in no case shall any one mobile home site be less than 2,500 square
feet.
c.
Setbacks. No mobile home or access thereto shall be located any closer
than 25 feet from a park property line abutting on a public street
or road, five feet from all other park property lines and 10 feet
from any such areas as a park street, a common parking area, or a
common walkway.
d.
Spacing. A mobile home shall be separated from an adjoining mobile
home and its accessories by a minimum of 15 feet.
e.
Overnight spaces. Not more than 5% of the total mobile home park
area may be used to accommodate persons wishing to park their mobile
homes or camping vehicles overnight.
8.
Other
Site Requirements.
a.
Recreational area. An average of 200 square feet of recreational
area shall be provided for each mobile home site. This area may be
in one or more locations in the park, and shall be suitably improved
and maintained for recreational purposes.
b.
Pad improvements. Mobile home pads or stands shall be paved with
asphaltic or concrete surfacing, or with crushed rock.
c.
Skirting. Every mobile home located on a mobile home site shall be
equipped with skirting which in design, color, and texture appears
to be an integral part of the adjacent exterior wall of the mobile
home.
d.
Accessories. Accessory structures located on a mobile home site shall
be limited to the normal accessories, such as an awning, cabana, ramada,
patio, carport, garage, or storage building. No other structural additions
shall be built onto or become part of any mobile home, and no mobile
home shall support any building in any manner.
e.
Utilities. Each mobile home site shall be provided with a connection
to a community sanitary sewer system and a community water supply
system. All utilities within a mobile home park shall be underground.
f.
Storage Yards. Storage yards in parks for boats, campers, and recreational
vehicle equipment shall be constructed of a dust-free all-weather
surface, and shall be enclosed by a six-foot high sight-obscuring
decorative fence and gate. Wash racks, if provided, shall be located
in the storage yard, with adequate drainage. Except for temporarily
locating the same in a storage yard, no mobile home shall be hauled
to and stored in a mobile home park unless it is properly installed
on a lot or site.
g.
State requirements. Rules and regulations governing mobile home facilities
as contained in Oregon Revised Statutes Chapter 446, and "Rules and
Regulations Governing the Construction and Statutory Operation of
Travelers' Accommodations and Tourist Parks," adopted by the Oregon
State Department of Human Resources, Health Division, shall be applicable
in the development and operation of a mobile home park, provided that
the provisions of this Code shall prevail where said provisions are
more stringent than those imposed by State law, rules or regulations.
9.
Recycling Container Location. A mobile home park with five or more manufactured dwellings shall provide a separate location for adequate recycling containers for at least four of the principal recyclable materials identified as in this Code. The requirements of Subsection 12.06.030(G)(1) as modified shall be required in conjunction with formal approval from the local designated refuse collector.
A.
Administration.
It shall be the duty of the Community Development Director to enforce
the provisions of this Code pertaining to land use and to the construction,
erection, location or enlargement of any structure located within
the Roseburg Urban Growth Boundary under the jurisdiction of this
Code as prescribed in the City-County Urban Growth Management Agreement.
B.
Building
permits. No permit shall be issued by the Building Official or any
government agency for the construction, erection, location, enlargement,
or the change of use of a building, structure or lot that does not
conform to the requirements of this Code.
C.
Authority.
Whenever necessary to enforce the provisions of this Code, the Director
shall have recourse to every remedy provided by law. The Community
Development Director shall recommend to the City's legal counsel a
recommended course of action. The City's legal counsel shall review
the entire case and make the final decision on appropriate enforcement
of the Code.
D.
Violation
of Code as a nuisance. The construction, erection, location, enlargement,
or use or change in use or uses of any structure or property in violation
of this Code or those conditions and limitations approved pursuant
to the provisions of this Code shall be deemed a nuisance and may
be enjoined, abated or removed.
E.
Revocation
for false statement. The Planning Commission may revoke any permit
granted pursuant to the provisions of this Code, if it is determined
that the permit was issued on account of false statements contained
in the application form or false representations made at a public
hearing.
F.
Revocation
for nonconformance. The Planning Commission may revoke any permit
granted pursuant to the provisions of this Code for failure to comply
with those conditions and limitations placed upon the exercise of
the permit.
G.
Revocation
hearing. No permit shall be revoked without a public hearing held
pursuant to the provisions of this Code.
H.
Who
may request revocation hearing. A revocation hearing shall be held
by the Planning Commission at the request of the City Council. The
Planning Commission may hold a revocation hearing on its own motion
or at the request of an interested person when it has reasonable cause
to believe that the provisions of this Code have been violated.
I.
Limitations
on re-filing. No application for an administrative action which has
been denied wholly or in part shall be resubmitted for a period of
12 months from the date of the original application.
K.
Enforcement.
Notwithstanding the foregoing and regardless of whether a permit has
been revoked, a person who violates this Code may be charged in the
appropriate court of law.
