Agenda - Planning Commission - 08/03/2006

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MODEL UNIFIED DEVELOPMENT REVIEW PROCESS WITH COMMENTARY 101. Purpose The purposes of this ordinance are to: (a) Provide for the' timely consideration of develop- ment permit review applications; (b) State the requirements for applying for and receiving a development permit; (e) Authorize a consoli- dated permit review process for land-use deci- sions; and (d) State the manner for the appeal of land-use decisions. Comment: A building permit is necessary for new construction. A zoning permit is issued when new construction changes a building's exterior dimensions or where there is a change of uS,e. If a conditional use permit for a specific use is granted. a zoning permit is, nonethe, less. required as the final determination that all zoning requirements are satisfied (See "Conditional Uses: Using Discretion, Hoping for Certainty,. May 2006). While approval of a preliminary plan of a subdivision does not. by itself. authorize development. it is a condition precedent to the review of a final subdivision plat. Consequently. it is included in the model permits and approval table as a "preliminary approval.. The model table is provided as a web.based enhancement on the Zoning Practice webpages. It lists the typical types of development permits and approvals granted by a local government. The times shown in the table are typical but may vary. The table treats a rezoning as a legislative action not requiring a record hearing because the only route of appeal is directly to the courts. Nonetheless. some local governments may treat rezonings as if they were administrative actions and com- pile a record. including a transcript of the pro. ceedings. In some states, including Oregon. zoning map changes are considered adminis- trative or quasi-judicial. and require more for- mal hearings. Because a sign permit is a minis- terial action involving no discretion. the time limit on approval is proposed to be l5 days. 102. Authority This ordinance 'is enacted pursuant to the authority granted by [cite to state statute or local government charter or similar lawj. 103. Definitions (see web-based enhancements on the Zoning Practice webpages). 104. Schedule for decisions on development permits and preliminary approvals; application requirements: preapplication meetings: (1) The purpose of this Section is to identify the types of development permits issued by the [name of local government], who is responsible for deter- mining whether app'lications are complete. whether an application can be approved, whether a record hearing is required. and the maximum 104 number of days after the completeness determi- nation for a decision on the application. (:) Decisions on development permit applica- tions. preliminary approvals. and amendments to the zoning map and the text of the land devel- opment regulations shall be made according to the following schedule. (:3) In computing any period oftime prescribed or allowed by this ordinance. the day of the act or event from which the designated period of time begins to run shall notbe included. The last day of the period so computed shall be included. unless it is a Saturday, Sllnday, or legal hoUday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or a legal holiday. (4) The permit review coordinator shail prepare and issue a standard form requiring information common to all applications, including: (a) Name. address. telephone. number. and,. electronic .mail address (if availabie) of applicant; (b) Address or 'legal description of the location df the property for which. the development permit.. preliminary ,. approval. or zoning map amendment is sought; (c) Area in square feet or acres of property described in (4)(b) above; (d) Zoning district des- ignation fer property described in (4)(b) above; (e) Type of development permit. preliminary approval. or zoning map or text amendment being sought; (f) Fer new .construction or additions to an existing building or structure. a site plan. drawn to a scale of [insert scale! showing the distances of the new construction or addition to lot lines and the dimensions of the lot; and (g) Fee sched. ule and location on application form for calcula. tion of the total fee to be charged. In addition, the coordinator shail prepare forms for specific additional information required for development permits. preliminary approvals, zoning map amendments. and amendments to the text of the land development regulations. Comment: The purpose of this section is to list all of the application requirements for each type of development permit or similar action. Each of the following types of devel- opment permits, preliminary approvals, or applications for zoning map or text amend- ments requires different types of information, although no attempt has been made to list all of them. Common to each would be: (l) completion of an application form; (2) a scale drawing of the proposed building on the site in relation to lot lines; and (3) payment of the required fee. Building permit application re- quirements would be governed by the appli- cable building code, which is often based on a national model. In addition, applications for subdivisions and planned unit develop- ments would require maps drawn in a man- ner required by the local government and containing certain information. Other information may be required for applications. In some cases, land develop- ment regulations will require a narrative state- ment describing how the applicant believes the proposal will satisfy th,e decision-making criteria. For applications that require a record hearing, providing the names and addresses of all owners of record of real property within a certain radius of the site is necessary to give notice. Sometimes. technical information will be required. An application for a final plat of a subdivision would be accompanied by engi- , neering plans and calculations for runoff. In the case of a certificate of appropriateness for changes to a historic structure, the applicant would need to submit drawings of building ele- vations and, in some cases, examples of pro- posed materials or colors. A zoning map amendment would require a legal description of the property proposed to be rezoned and the name oLthe specific zoning district dassifi- ~ation. In so~_e cases, the legal description would need to be prepared by a registered sur- veyor to ensurelts accuracy. Types of information typically required include special information for the different types of development, such as a subdivision or a conditional use; names and addresses of property owners within a certain radius of the property; submission of certain drawings in cer- tain formats, such as electronic or on certain drafting media. or at certain scales; engineering calculations, including runoff calculations; descriptions (in written and graphic form) of mit- igation measures; and statements explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail for review and decision maid ng. (s) In order to be determined complete. an appli- cation for a development permit or preliminary approval, a zoning map amendment. or amend- ment to the text of the land development regula- tions shall contain the following information: (a) Building permit; (b) Zoning permit; (c) Sign permit; (d) Conditional use permit; (e) Variance; (f) Planned unit development preliminary plan; (g) Planned unit development final plan; (h) Subdivision preliminary plan; (i) Subdivision final plat; m Certificate of appropriateness; (k) Lot split, minor subdivision, or resubdivision; (I) Zoning map amendment; (m) Amendment to text of land development regulations. Comment: Information requirements should follow each submittal. (6) The permit. review coordinator shall be responsible for convening, at the"request of an applicant; a preapplication meeting with offi. cials of th'e local government and other govern- mental and nongovernmental organizations who would be involved in reviewing and acting on a development, whether or not the applicant is applying for a consolidated permit, 'provided that no official who is responsible for a land-use deci, sian made on the basis of a record hearing shall participate in the preapplication meeting. At ZONING PRACTICE 6.06 N PLANNING AS DelATION I Daoe 4