A. 
Before submitting development plans for approval, an applicant proposing a design review, conditional use permit, minor and major variance, change of zone, temporary use permits, property line adjustment, land partition, lawfully establishing unit of land, subdivisions, flood hazard permit and urban growth boundary amendment shall attend a pre-application conference to be scheduled with the Division to obtain general information, guidelines, procedural requirements, advisory opinions and technical assistance for the project concept. The fee for this conference shall be 10% of the application fee and this fee shall be credited toward the application fee.
B. 
Initiation. An application for residential review, minor design review, design review, conditional use permit, minor and major variance, change of zone, temporary use permit, property line adjustment, land partition, lawfully established unit of land, subdivision, flood hazard permit and urban growth boundary amendment may be initiated by the owner of the property involved or an authorized agent. Such applications shall be filed on the appropriate form provided by the Planning Division. When any such application requires the submission of a site plan, the site plan shall be submitted in a form as described on the application.
C. 
Affected Ownerships. The entire parcel for which an application is filed, shall be within one ownership or the application shall be filed on behalf of all property owners affected.
D. 
Initiation by Commission/Council. The Council may initiate proceedings to rezone land by motion and conduct a public hearing in accordance with all applicable provisions of Chapters 10 to 14. If the Council initiates such proceedings, the matter of the proposed change of zone shall first be referred to the Commission which shall then conduct proceedings as hereafter provided. If the Council initiates proceedings for a change of zone, they shall so advise the Director, who shall set a date for public hearing before the Commission. Amendment of the Klamath Falls Urban Growth Boundary shall be initiated and processed in accordance with the current Klamath Falls Urban Growth Boundary Management Agreement.
E. 
Ownership List. The applicant shall file with such applications a list of names, addresses, and tax lot numbers of all owners of property situated within the following radii, including public rights-of-way, of the external boundaries of the property affected by the application:
1. 
Residential review: Not applicable.
2. 
Minor design reviews: Not applicable.
3. 
Design review: 100 feet.
4. 
Conditional use permit: 250 feet.
5. 
Minor variance: 100 feet.
6. 
Major variance: 250 feet.
7. 
Change of zone (without annexation): 500 feet.
8. 
Temporary use permit: 100 feet.
9. 
Property line adjustment: Not applicable.
10. 
Land partition: 100 feet.
11. 
Lawfully established unit of land: Not applicable.
12. 
Subdivision: 500 feet.
13. 
Flood hazard permit: Not applicable.
14. 
Urban growth boundary amendment: 500 feet.
15. 
Annexation: 100 feet.
16. 
Vacation: Affected area as defined in ORS 271.080(2).
Such names, addresses and tax lot numbers shall be those listed on the last preceding tax roll of the Assessor of Klamath County. The applicant shall also file with the application an affidavit attesting to the validity of said ownership.
F. 
Hearing Date. Except for those matters reviewed under Section 10.805, the Director shall, following the pre-application conference and upon receipt of a valid and complete application and fee, as required in Section 10.530, set a date for public hearing before the appropriate hearing body.
(Ord. 17-10, 2017; Ord. 22-02, 2022; Ord. 22-13, 2022)
A. 
Following the pre-application conference and upon receipt of a valid and complete application and fee, the Planning Division shall review the tentative subdivision or partition plan in accordance with the provisions of Section 10.805 and ORS 92.044. The Director shall set a date for the initial public hearing on tentative subdivisions before the Commission with the final public hearing before Council. The Director shall cause notice to be given to all property owners within 500 feet of the external boundary of the property pending public hearing.
B. 
Improper Application. If it is determined by the Director or designated representative that an application does not provide the required information nor have attached thereto other pertinent data requested, the Planning Division shall notify the applicant of receipt of the application and allow the applicant to submit the missing information. The application shall be deemed complete for the purposes of ORS 227.178(1) upon receipt by the Division of the missing information. If the applicant refuses to submit the missing information, the application shall be deemed complete for the purposes of ORS 227.178(1) on the 31st day after the Division first received the application. The date an application is deemed complete shall be considered the filed date.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
A. 
Procedure. Whenever any person desires to vacate all or part of any public place, plat, street or similar area, such person shall file an application for vacation with the Director on forms provided by the Planning Division. Such forms shall conform to the requirements of ORS 271.080(1). Attached to such application shall be forms reflecting the consent of the owners of all abutting property and of not less than two-thirds in area of the real property affected thereby as defined in ORS 271.080(2). Such consent shall be in writing and duly acknowledged before an officer authorized to take acknowledgments of deeds. The Director may require submission of a tentative plan or partition plan prior to acceptance of a vacation petition.
B. 
Improper Application. If it is determined by the Director or designated representative that an application does not provide the required information nor have attached thereto other pertinent data requested, the Planning Department Division shall notify the applicant of receipt of the application and allow the applicant to submit the missing information. The application shall be deemed complete for the purposes of ORS 227.178(1) upon receipt by the Planning Department Division of the missing information. If the applicant refuses to submit the missing information, the application shall be deemed complete for the purposes of ORS 227.178(1) on the 31st day after the Planning Department Division first received the application. The date an application is deemed complete shall be considered the filed date.
C. 
Hearing Date. Upon receipt of a valid and complete application and fee, the Director shall set a date for public hearing upon the application before the Commission.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
A. 
Procedure. Whenever any person seeks to extend the boundaries of the City through annexation, such person shall file an application for annexation on forms provided by the Planning Division.
B. 
Consent Petition. If the applicant desires to negate the need for an election as provided in ORS 222.170(1) said application shall contain the written consent to annex of more than half of the owners of land in the territory to be annexed, who also own more than half of the land in such territory and who own real property therein representing more than half of the assessed value of the real property in said territory.
C. 
Initiation by Council. A proposal to annex unincorporated territory surrounded by the City may be initiated by the Council. Such initiation shall be by resolution subject to referendum.
D. 
Hearing Date. Upon receipt of a valid and complete application and fee or resolution by the Council, the Director shall set a date for public hearing upon the application before the appropriate body.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
If it is determined by the Director or designated representative that any of the aforementioned applications do not provide the desired information nor have attached thereto other pertinent data requested, the application may not be accepted.
A. 
Submittal of Application. All documents or evidence relied upon by the applicant shall be submitted to the Planning Division and be made available to the public at least 20 days prior to the first evidentiary hearing or 10 days prior to the first hearing if two or more evidentiary hearings are allowed.
B. 
Improper Application. If it is determined by the Director or his or her designated representative that an application does not provide the required information nor have attached thereto other pertinent data requested, the Planning Division shall notify the applicant of receipt of the application and allow the applicant to submit the missing information. The application shall be deemed complete for the purposes of ORS 227.178(1) upon receipt by the Division of the missing information. If the applicant refuses to submit the missing information, the application shall be deemed complete for the purposes of ORS 227.178(1) on the 31st day after the Division first received the application. The date an application is deemed complete shall be considered the filed date.
C. 
Hearing Date. Except for those applications subject to administrative review, the Director shall upon receipt of a valid and complete application and fee as required in Section 10.530, set a date for public hearing upon the application.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
A. 
Fees as established by Council resolution shall be required by the Director to defray costs incidental to the proceedings and such fees, except as provided in subsection B below, shall be paid at the time of the filing of each application and shall not be refundable.
1. 
The above fee schedule does not include costs incurred by the City relating to the provision of legal notices, including, but not limited to, newspaper publication and mailed notices. Such costs shall be billed to the applicant and shall be paid within 30 days of billing. Failure to pay such billing shall render any action taken relative to said application null and void.
2. 
If application is made after commencement of construction, the applicable fee shall be doubled. If there is no applicable fee, the applicant shall pay a $50.00 application fee.
3. 
In the event the complexity and size of the project requires staff time in excess of three hours, an additional charge shall be paid based on adopted hourly rates. Such fees shall be billed to the applicant and shall be paid within 30 days of billing.
B. 
The fees established herein shall not be required of governmental agencies or nonprofit organizations. For purposes of this section, nonprofit organizations shall be excluded from the definition of "business" as provided in Section 7.015(A). The above waivers shall not apply to costs established above.
C. 
The fees established herein may be amended by resolution of the Council.
D. 
Land use requests requiring more than one application (e.g., zone change and variance) shall be charged only for the application with the highest assessed fee plus one half the fee of other applications, as indicated in subsection A of this section. When required with conditional use permits, design reviews shall not be charged an additional fee.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
Development proposals and projects which require more than one land use request (e.g., variance and change of zone) may be processed concurrently, at the request of the applicant and are subject to the 120-day time limit set out in ORS 227.178.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
Final action on permits, change of zone applications or land use requests and amendments shall be subject to the requirements of ORS 227.178.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
The Council, Commission or Director shall not consider any application involving a lot, parcel, or structure which has been the subject of the same application within 12 months following final action on such application, unless substantial new evidence is submitted which could not reasonably have been presented at the previous meeting.
(Ord. 17-10, 2017; Ord. 22-13, 2022)